15-year-old male child, who for several days presents weeping fits, does not want to go to
school, says that it is useless and also has thoughts of suicide[.] On that date during the
daytime he leaves his house he enters a building and jumps off the 2nd floor presenting
momentary loss of consciousness. Consequently, he is placed on watch in this hospital lucid
and hemodynamically stable30 with the decision being made to hospitalize him for oversight at
clinic[.] Cranial X-ray performed normal. Personal background information[.] See previous
HCL.31
45.
It was also noted at this time that it was Sebastian’s second suicide attempt and, as
for the victim’s father “insists blamefully that he [Danilo Furlan] has been very demanding toward
his son about his rehabilitation and that it is such insistence has been the cause of what has
happened to Sebastian.”32
46.
Sebastian was a fair student, who in 1988 was in his first year at E.N.E.T. [National
Technical Education School] No. 1 of Ciudadela when the accident occurred. The following May he
returned to school “with serious deficiencies”33. Prior to the accident, he also attended the Private
Oriental Institute (Shinkai Karate-Do School), and took part in sports activities at the Ciudadela
Norte Club, in both basketball and swimming; however, as a result of the accident, he was forced
to stop all sports activities, which was greatly upsetting to him.34
47.
On February 3, 1994, when Sebastian was 19 years of age, his uncle filed charges
against him at the Police Station for beating his 84-year-old grandmother. According to the
complaint, on December 18, 1993 Sebastian had gone to her house and “without uttering a word
punched her [his grandmother] in the face and then continued hitting her,”35 causing multiple injuries
on her face and fracturing her right arm, for which she was hospitalized from December 18 to 23,
1993.36 In light of the strong evidence that Sebastian had committed the “crime of serious bodily
harm”, the judge ordered his preventive detention on February 21, 1994.37
30
Based on a search conducted by the IACHR, when a person is deemed hemodynamically stable, it means no
alterations of the heart are observed.
31
Case proceeding file titled “Furlan Sebastian Claus v National State for Damages”, page 151. Annex to
communication from the State received on October 15, 2008. For the purposes of the present report, in reproducing the
verbatim quote, spelling errors of written accents were omitted that were present in the original; this does not, however,
entail any alteration of the substance or content of the quote. Free translation by the IACHR.
32
Case proceeding file titled “Furlan Sebastian Claus v National State for Damages”, page 155.
communication from the State received on October 15, 2008. Free translation by the IACHR.
Annex to
33
Fact alleged by the petitioner and not disputed by the State. Nor is there any convincing evidence on record in
the case file that would allow one to arrive at a different conclusion. Written complaint, submitted in the case on April 16,
1991, Case proceeding file titled “Furlan Sebastian Claus v National State for Damages”, page 15 back and 16. Annex to
communication from the State received on October 15, 2008. Also see Reports and Evaluations Bulletin of Sebastian Furlan,
Case proceeding file titled “Furlan Sebastian Claus v National State for Damages”, page 11 and page 11 back. Annex to
communication from the State received on October 15, 2008.
34
Facts alleged by the petitioner and not disputed by the State. Neither is there any convincing evidence on record
in the case file that would allow one to arrive at a different conclusion. Written complaint, submitted in the case on April 16,
1991, case proceeding file titled “Furlan Sebastian Claus v National State for Damages”, page 15 back and 16. Annex to
communication from the State received on October 15, 2008. Also see Certificate of Diploma of 6th Grad Kyu, Karate-do,
issued on August 30, 1987 to Sebastian Furlan, case proceedings file titled “Furlan Sebastian Claus v. National State for
Damages”, page 12 and page 12 back. Annex to communication from the State received on October 15, 2008.
35
Case No. 27.438/3861 against Sebastian Furlan for serious bodily harm, Court for Criminal and Correctional
Matters No. 5 (1994), page 1. Annex to communication from the petitioner dated April 1, 2008. Free translation by the
IACHR.
36
Clinical record of Virginia Minetti, admitted to “Our Lady of Mercy” Private Hospital on December 18, 1993.
Case No. 27.438/3861 against Sebastian Furlan for alleged serious bodily harm, Court for Criminal and Correctional Matters
No. 5 (1994), page 7. Annex to communication from the petitioner dated April 1, 2008.
37
Case No. 27.438/3861 against Sebastian Furlan for alleged serious bodily harm, Court for Criminal and
Correctional Matters No. 5 (1994), page 13. Annex to communication from the petitioner dated April 1, 2008.