all human rights and fundamental freedoms by all persons with disabilities, as well as promoting
respect for their inherent dignity.
146. In the present case, the petitioner alleges that the ten-year delay for the court to rule
on state responsiblity in the damages suit brought against the Army General Staff, obstructed the
way for obtaining prompt reparation to furnish him with adequate means to make it possible to
provide his minor son with adequate, timely and early rehabilitation. The IACHR further notes that
when the complaint was filed bringing suit in December 1990, Sebastian, who was born on June 6,
1974, was 16 years old, and by the time final judgment was rendered in the suit on November 23,
2000, Sebastian was 26 years old. It must also be mentioned that, based on established facts, the
record shows the petitioner could not actually receive the court-ordered damages award until more
than two years later, when Sebastian was 28 years old. The established facts in the instant case
show how important it is, in instances of child brain injury, for the injured child to receive prompt
and timely rehabilitation, inasamuch as early rehabilitation helps the injured child to achieve a result
of greater functionality.
147. Furthermore, in keeping with the parameters of Article 19 of the American
Convention, the IACHR finds that during the first two years of the proceedings, while the victim
was a minor, the State had a higher degree of responsibility and a special duty to ensure the free
and full exercise of his right to personal integrity, in accordance with obligations emanating from
Inter-American and international standards. The Commission also finds that the State ought to have
taken the necessary measures so that the proceedings moved forward at a faster pace, taking into
account not only the best interests of the child, but also the adverse effect on Sebatian’s physical
and psychological integrity stemming from the passage of time over the course of the proceedings,
thus delaying reparation and thereby prompt, adequate and timely physical, psychological and
psychiatric rehabilitation.
148. Moreover, it must be noted that the only intevention of the Office of Juvenile
Assistance as evidenced in the court case file of these proceedings is the written brief dated
October 29, 1996 indicating that because Sebastian had reached adult age, it was no longer the
reponsibility of said entity to represent him.203 No record appears in the case file regarding any
involvement whatsoever of said institution prior to that point in the court proceedings. The IACHR
further finds that the delay in the court proceedings may have had a bearing on the failure of that
institution to get involved on behalf of Sebastian, which placed him in a defenseless and vulnerable
position.
149. Based on the foregoing reasons, the IACHR finds that the effects that the
unwarranted delay in the suit had on Sebastian, who was in a situation of particular vulnerability,
inasmuch as he was 14 years old at the time of the accident and had severe physical and mental
disability, constitute a separate violation of his right to personal integrity (Article 5.1) and the rights
of the child (Article 19), in connection with the general obligation to ensure the full exercise of the
human rights (Article 1.1), set forth in the American Convention.
150. Lastly, the IACHR recalls that according to the established jurisprudence of the
bodies of the Inter-American system, the next of kin of human rights victims can be considered
victims as well.204 In the instant case, the Commission notes that the delay in the process
203
On said occasion as well, the Office of Juvenile Assistance accepted representation of Sebastian’s sister and
brother because they were minors. Case proceedings file titled “Furlan Sebastian Claus v. National State for Damages,” page
55. Annex to communication from the State received on October 15, 2008.
204
I/A Court H.R., Case of Bueno Alves v. Argentina. Judgment of May 11, 2007. Series C. No. 164, para. 102;
I/A Court H.R., Case of Miguel Castro Castro Prison v. Peru. Judgment of November 25, 2006. Series C No. 160, para. 335;
I/A Court H.R., Case of Vargas Areco v. Paraguay. Judgment of September 26, 2006. Series C No. 155, para. 83, and I/A
Court H.R., Case of Goiburú et al v. Paraguay. Judgment of September 22, 2006. Series C No. 153, para. 96.