and clumsiness in addition to a lack of judgment and common sense about things, to solve
situations because of his physical-mental limitations, making it impossible for him to perform any job
that has a minimum degree of responsibility.” The petitioner mentions, among other problems, that
the way his son acts has lead to frequent misinterpretation of his actions, and that he is regarded as
suspicious wherever he goes, since because of the way he walks and talks people think he is on
drugs or drunk. For example, the petitioner asserts that his son has been stopped several times by
the police, and that he was assaulted in February 2003 which resulted in a trip to the hospital.
18.
He further alleges that Sebastian’s decreased cognitive ability and psychological and
personality disorders, as a result of his brain injuries, have had serious consequences on the normal
development of his personal and social relationships. The petitioner specifically files a copy of the
case file of a criminal proceeding brought against Sebastian when he was 19 years old for beating
his 84 year old grandmother, causing her multiple injuries on the face and fracturing her arm. The
criminal case, which was heard before Court No. 5 for Criminal and Correctional Matters of the
Province of Buenos Aires, stemming from charges of serious bodily harm filed on January 3, 1994
by Sebastian’s uncle, was dismissed without prejudice on March 1 of the same year, based on his
incompetence to intellectually grasp the potential illegality of his conduct and autonomously control
his will, in accordance with Article 34(1) of the Criminal Code.
19.
In light of the danger that Sebastian posed to himself and to others, the criminal
court also ordered him to be admitted to a specialized facility for his safety and treatment, until he
was no longer considered dangerous. After Sebastian and his immediate family underwent several
medical evaluations, the judge ordered his release from the facility on May 19, 1994, and ordered
Sebastian and his immediate family to continue psychiatric treatment. The petitioner contends that
while Sebastian was held in the specialized facility, he was not given any treatment, but was
instead kept medicated and chained to a bed.
20.
In view of Sebastian’s situation, the petitioner claims that he requested, to no avail
on several occasions, that the State provide a disability pension or economic assistance to
Sebastian, because he is unable to get a job that would allow him to support himself (particularly
taking into account that Sebastian now has a partner, who according to the claims of the petitioner
“also has problems” and two children, the youngest of which also has “developmental problems”).
He notes that his son periodically sells perfumes, and that he only earns one fourth of what he
needs to support his family. The petitioner alleges that when he requested a disability pension from
the State, it was denied because Sebastian is 70% disabled, which does not meet the legal
minimum requirement of 76% of disability to qualify for said benefit.
21.
The petitioner contends that the consequences of the accident and the proceedings
have been devastating for Sebastian’s family, both economically and emotionally, not only because
of the constant care that Sebastian’s father had to provide during his recovery, but also because of
the long-term effects of the accident on their daily lives, which remain until this day, at Sebastian’s
age (35). The petitioner affirms that the State had the means and resources required to adequately
treat his son but did not do so, and consequently they had to “manage on their own” as best as
they could at the public hospital. He further notes that the money obtained from the damages
awarded were used to pay for accrued debts for the assistance and care required for Sebastian’s
recovery, including medical and psychiatric consultations, hospital stays, highly expensive
medications, ophthalmologist visits (since he became cross-eyed from the accident), education in
several schools, expenses associated with the assaults he was the victim of as a result of his
condition, among others. In addition to the expenses he incurred, he claims that over the years he
has had to devote himself exclusively to caring for Sebastian and, therefore, has had to stop
working and thus ceased to earn any income. He adds that this has had devastating consequences
for the family, such as the total disintegration of the family and the divorce of Sebastian’s mother
and father.