requested on September 4, 1992 that a letter be issued to the Office of Land Registry, so
that a copy of said maps would be forwarded.117 In February 1993, the petitioner’s attorney
prepared the official letter.118 The relevant land register inquiries were made between March
and May 1993. In an official letter dated May 6, 1993, the Office of Land Registry informed
the court that it was unable to provide the information requested regarding plot 1,119 and
that with regard to plot 2, the property belongs to the “Supreme Government of the
Nation.”120 On November 10, 1993 the petitioner asked the court to issue a letter to the
Property Registry to in order provide information on the title of ownership of plot 1,121 which
was ordered by the judge on November 16, 1993. 122 Notification of the delivery of said
letter was obtained on March 14, 1994.123
84.
On February 22, 1996 the petitioner’s attorney submitted a brief requesting that the
court serve notice of the suit and indicated that “[i]n light of the negative outcome of the
letters issued in these proceedings, and taking into account that the suit is being brought
against the occupant of the property and owner of the elements that gave rise to the
accident of the minor, I withdraw my request for the issuance thereof” and, consequently,
“being that irrefutable evidence exists that said elements belonged to the Army, this action
is being brought against the Ministry of Defense and/or whoever [was] determined to be
liable.”124
B.3. The process after notification of the suit to the General Staff of the Army
85.
On February 27, 1996 the court ordered that the complaint be served to the
“Ministry of Defense, General Staff of the Army” (hereinafter “EMGE”, “the defendant” or
“the respondent”) which had a period of 60 days to respond to it.125 On September 6, 1996
the defendant filed the answer to the complaint and a preliminary objection based on the
statute of limitations.126 On October 8, 1996 the court ordered said pleading to be served on
117
Cf. Brief of Danilo Furlan of September 4, 1992 (file of appendices to the report, volume I, appendix 6,
page 127).
118
Cf. Communication prepared by the attorney of Danilo Furlan in February 1993 (file of appendices to the
report, volume I, appendix 6, page 131).
119
Cf. Brief of the Registration and Publicity Department, Area 1, of May 6, 1993 (file of appendices to the
report, volume I, appendix 6, page 139).
120
Cf. Brief of the Registration and Publicity Department, Area 1, of April 22, 1993 (file of appendices to the
report, volume I, appendix 6, page 137).
121
Cf. Brief of Danilo Furlan of November 10, 1993 (file of appendices to the report, volume I, appendix 6,
page 141).
122
Cf. Brief of the Federal Judge of First Instance of November 16, 1993 (file of appendices to the report,
volume I, appendix 6, page 142).
123
Cf. Certificate of the administrative secretariat of March 14, 1994 (file of appendices to the report, volume
I, appendix 6, page 144).
124
Cf. Brief of Danilo Furlan of February 22, 1996 (file of appendices to the report, volume I, appendix 6,
page 145).
125
Cf. Brief of the Federal Judge of First Instance of February 27, 1996 (file of appendices to the report,
volume I, appendix 6, page 146).
126
Cf. Response to petition from the State-General Staff of the Army of September 3, 1996 (file of
appendices to the report, volume I, appendix 6, page 153).
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