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.

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