with the Staff of the Army,97 which was set for April 10, 1997.98 Nonetheless, the petitioner
requested a new date to be set due to the fact that it was impossible for him to be served on time.
The new settlement date was set for May 8, 1997.99 The EMGE submitted a brief claiming that
neither the attorney representing the EMGE in the proceedings, nor any other attorney from said
institution could attend the hearing with the authority to enter into a settlement, because under
domestic law, the Ministry of Defense was the sole authority with the respective power to do so.
On said occasion, the EMGE’s attorney clarified that he did not mean to signal thereby that the
State or the EMGE was not “open to considering any type of proposal.”100 The court put on the
record that on May 8, 1997 Sebastian and his attorney appeared at the settlement hearing, but
there was no representative of the EMGE.101
74.
On August 21, 1997, there was a change of counsel for the petitioner.102 On July
14, 1997, the plaintiff introduced new facts in the record of the proceedings noting the assault on
his grandmother and other acts of aggression “contrary to all logic and morals” that prompted the
intervention of the police on several occasions,103 to which the attorney of the EMGE objected to
their admission.104 In an order on September 26, 1997, the court decided to admit the new facts.105
On October 21, 1997, Sebastian’s attorney moved for the introduction of evidence to begin.106 On
October 24, the judge announced the taking of evidence in the proceedings for a period of 40 days,
giving the parties 10 days for the introduction thereof.107 On November 14, 1997, Sebastian’s
attorney introduced documentary evidence, evidence related to requests for information, expert
evidence (requesting the appointment of two experts: one medical and one psychiatric expert),
testimonial evidence; and on December 16, requested that the court to rule on the admissibility of
such requested evidence.108 On December 18, 1997 the court ruled on the evidence introduced by
the plaintiff, setting August 19, 20 and 21, 1998 to hear the testimony of the witnesses that were
97
Case proceedings file titled “Furlan Sebastian Claus v National State for Damages,” page 66 back. Annex to
communication from the State received on October 15, 2008.
98
Case proceedings file titled “Furlan Sebastian Claus v National State for Damages,” pages 66 back and 67.
Annex to communication from the State received on October 15, 2008.
99
Case proceedings file titled “Furlan Sebastian Claus v National State for Damages,” pages 70 and 70 back.
Annex to communication from the State received on October 15, 2008.
100
Case proceedings file titled “Furlan Sebastian Claus v National State for Damages,” page 72.
communication from the State received on October 15, 2008.
Annex to
101
Case proceedings file titled “Furlan Sebastian Claus v National State for Damages,” page 73.
communication from the State received on October 15, 2008.
Annex to
102
Case proceedings file titled “Furlan Sebastian Claus v National State for Damages,” page 83.
communication from the State received on October 15, 2008.
Annex to
103
Case proceedings file titled “Furlan Sebastian Claus v National State for Damages,” page 77.
communication from the State received on October 15, 2008.
Annex to
104
Case proceedings file titled “Furlan Sebastian Claus v National State for Damages,” page 86.
communication from the State received on October 15, 2008.
Annex to
105
Case proceedings file titled “Furlan Sebastian Claus v National State for Damages,” page 73.
communication from the State received on October 15, 2008.
Annex to
106
Case proceedings file titled “Furlan Sebastian Claus v National State for Damages,” page 90.
communication from the State received on October 15, 2008.
Annex to
107
Case proceedings file titled “Furlan Sebastian Claus v National State for Damages,” page 790 back. Annex to
communication from the State received on October 15, 2008.
108
Case proceedings file titled “Furlan Sebastian Claus v National State for Damages,” pages 96-98. Annex to
communication from the State received on October 15, 2008.