22.
Based on the foregoing arguments, the petitioner requests the IACHR to declare the
Argentine State responsible for violation of Sebastian’s and his family’s human rights in the case
under examination.
B.
Position of the State
23.
The State concurs with the petitioner regarding the sequence of the principal events
involved in the accident, the severity of the injuries sustained by Sebastian and the objective
determination of responsibility as handed down by the domestic courts. It affirms its view that
shared responsibility (70% State’s responsibility and 30% Sebastian’s responsibility) was
appropriate, given that 14-year-old Sebastian was aware of the risks entailed in using unknown
equipment on an abandoned property.
24.
The State claims that even though the IACHR noted in its admissibility report that it
was not competent to rule on the damages amount awarded, time and time again the petitioner
argues before the IACHR that the amount is inadequate and it is disproportionate to the injuries
sustained by his son. The State further contends that the only irregularity in the judicial
proceedings being alleged by the petitioner is a delay caused by the courts. According to the State,
the petitioner gives no reasons as to why the judicial proceedings had been protracted, as he just
mentions, in general, that the State took a long time to recognize ownership of the land on which
the accident occurred.
25.
As for the delay, in citing case law of the Inter-American Court of Human Rights in
the Acosta Calderon and Yakye Axa Indigenous Communities cases, the State contends that said
court takes three elements into account to determine reasonability of length of time of a proceeding,
which are: a) the complexity of the matter, b) the procedural activity of the interested party and c)
the conduct of the judicial authorities. The State further argues that under the civil code and civil
procedural code, the petitioner has the burden of driving the course of the proceedings, and that
“for more than 5 years, [the case] was practically paralyzed by the procedural inactivity” of the
petitioner’s attorney. Thus it claims that the State is not responsible for the supposed delay in
recognizing ownership of the property where the accident occurred. The State then goes on to
describe the periods of procedural inactivity that occurred during these first years of the domestic
proceedings.
26.
Furthermore, the State contends that the petitioner filed the civil suit two years after
the accident occurred and that the court immediately certified it to the Federal Public Prosecutor’s
Office to rule on the jurisdiction of the Federal Civil and Commercial Court in the case. Bearing in
mind that the court is on holiday in January, the prosecutor ruled on February 11, 1991, that the
court did have jurisdiction. The State claims that the petitioner’s attorney did not file the actual
brief of the complaint instituting the proceedings until two months after the initial suit, and that
after that, one month passed before she [petitioner’s attorney] requested the case to proceed.
27.
The State claims that it cannot be responsible for undue delay in recognizing
ownership of the land during those first five years, because it had not even been served notice of
the filing of the complaint. It asserts that on November 14, 1991, the judge requested the plaintiff
to specify who the complaint was directed against and, instead of responding to the request, the
attorney asked for information to be requested from the Property Registry, “thus instituting a
proceeding which, as a result of her own lack of expertise and procedural inactivity, was drawn out
over more than five years.” The State adds that the petitioner’s attorney did not respond until
February 22, 1996 that the suit was being filed against the Ministry of Defense. In said
communication, the State also claims that in the response to the judge’s request of November 14,
1991 “four months later, on March 13, 1992, Furlan’s attorney said that the suit was against the