notes that the aspects challenged by the State refer to the merits of the case and to the
evidentiary value of the expert witness’s statement. These issues will be considered, as
appropriate, in the relevant sections of the Judgment, in the specific context of the purpose
for which she was summoned and taking into account the points made by the State.
VI
FACTS
1.
Sebastián Furlan’s Accident
71.
Sebastián Claus Furlan lived in the district of Ciudadela, Buenos Aires Province, with
his father Danilo Furlan, his mother Susana Fernández, his sister Sabina and brother
Claudio Furlan.69 Ciudadela Norte is “a medium-low class and low class area, located 500
meters from one of the poorest and most dangerous neighborhoods of the Buenos Aires
Conurbano70 (suburbs) known as ‘Fuerte Apache.’”71 Sebastián Furlan’s family had limited
financial resources.72
72.
On December 21, 1988, at the age of 14,73 Sebastián Furlan entered a field located
near his home, property of the Argentinean Army, in order to play.74 The grounds were an
abandoned military training circuit, where there were still dirt mounds, “hurdles and
obstacles made with quebracho railroad ties (wooden planks)” and the remains of an
infantry track that was in a state of disrepair.75 There was no perimeter wall, wire fencing,
or any other type of barrier to block or prevent access to the property, and therefore “it was
used by children for playing different games, relaxing and practicing sports.”76 Once he was
on the premises, Sebastián attempted to hang from “a crossbeam” on one of the pieces of
69
Cf. Testimony rendered by Claudio Edwin Furlan at the public hearing held in the instant case.
70
The word “Conurbano” is equivalent to “suburbs” in some countries of the region.
71
Social-environmental report by Marta Celia Fernández, appendices to the brief containing pleadings and
motions, volume V, page 2460.
72
In this regard, the civil proceeding for damages granted Sebastián Furlan “the benefit of litigating without
costs.” Cf. Legal plea for benefit of litigation without costs (file of appendices to the brief of pleadings and
evidence, volume V, appendix VII, pages 2264 to 2323). Likewise, Mr. Danilo Furlan stated that: i) “Nobody told
me about the special rehabilitation places. Maybe because those places were expensive and they realized that I
probably couldn’t afford them;” ii) “I wasn’t able to give him [Sebastián Furlan] everything he needed. I did not
have the means or the money;” and iii) “I was always looking for opportunities and trying to buy old cars that were
being sold of or that had a lower price for some reason. I would then try to fix them up a little to sell them and
make a little profit from the sale. That job required my full-time efforts, since I had to go to different places at all
times, talk to a lot of people and find sellers and buyers. Having to dedicate myself fully to Sebastián and not
having the means to acquire professional and specialized help I had to put my job aside.” Statement by Danilo
Furlan before a Notary Public (Merits file, volume II, pages 684 to 686).
73
Sebastián Furlan was born June 6, 1974. Cf. Birth certificate of Sebastián Claus Furlan of June 7, 1974
issued by the General Directorate of Civil Registry (file of appendices to the report, volume I, appendix 6, page
87).
74
Cf. Judgment issued by the National Court No. 9 of Civil and Commercial Matters of December 7, 2000 (file
of appendices to the report, volume I, appendix 6, page 518).
75
Cf. Judgment issued by the National Court No. 9 of Civil and Commercial Matters of December 7, 2000 (file of
appendices to the report, volume I, appendix 6, page 519).
76
Cf. Judgment issued by the National Court No. 9 of Civil and Commercial Matters page 519.
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