cases such as this one;” (ii) “the objectives of those treatments, costs and conditions
for carrying them out at that time, in the Argentine context;” (iii) “services provided
by the public health care system and by private treatment during the years that the
proceedings for damages were being processed;” (iv) the alleged consequences of
complying with the treatments ordered by the official expert appraisals in the case
processed in the federal civil and commercial court of the city of Buenos Aires,” and
(v) the hospital standards, protocols and decisions concerning the right to
information and other assistance that must be provided in cases of persons or
children with disabilities, the tabulation of percentages of disability, and medical
requirements for certifying a disability.”
Ordered ex officio by the President:
2) Hernán Gullco, who will testify on: (i) “the Argentine legal framework that regulates
civil actions against the State, procedural stages and time frames, including the
execution of a favorable decision ordering the State to make reparation;” (ii) “if the
said proceedings provide for a rapid or differentiated treatment when the interests at
stake require a response in order to protect fundamental rights,” and (iii) “the main
problems that lead to a delay in the decisions and in the implementation of
reparations ordered in light of the State’s international obligations.”
2.
To require the State to forward, if it considers it pertinent for the corresponding
effects, and within the non-extendible time frame expiring on February 6, 2012, the
questions it deem pertinent to pose, through the Inter-American Court, to the presumed
victim, witnesses and expert witnesses indicated in the first operative paragraph of this
Order. The statements and expert opinions required in the first operative paragraph must
be submitted to the Court by February 14, 2012, at the latest.
3.
To require the representatives and the Secretariat of the Court to coordinate and
take the necessary steps to ensure that, when the State’s questions have been received,
the proposed deponents and expert witnesses include the respective answers in their
statements provided by affidavit, in accordance with considering paragraphs 22 and 23 of
this Order.
4.
To establish that, when the statements and expert opinions required in the first
operative paragraph have been received, the Secretariat of the Inter-American Court must
forward them to the other parties so that they may present their observations on these
statements and expert opinions by February 24, 2012, at the latest.
5.
To convene the representatives, the State and the Inter-American Commission to a
public hearing to be held at the seat of the Court during its ninety-fourth regular session, on
February 27, 2012, starting at 9 a.m., and on February 28, 2012, starting at 9 a.m., in
order to receive their final oral arguments and final oral observations, respectively, on the
preliminary objections and the possible merits, reparations and costs, as well as the
statements of the following persons:
A)
Presumed victim proposed by the representatives
1) Claudio Furlan, brother of Sebastián Claus Furlan, who will testify on: (i) “the
circumstances of manner, time and place related to his brother’s accident, and the
[alleged] impact that this had on Sebastián’s personal life and relationships, his
studies and his work;” (ii) the alleged “consequences of the accident on the
members of his family;” (iii) the “different vicissitudes in the life of his brother and
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