111.
The facts related to the medical treatment received by Sebastián Furlan over the
years fall within the factual account regarding: i) the care received immediately after the
accident in 1988 (supra paras. 73 and 74); ii) medical attention received after the suicide
attempt on August 31, 1989 (supra para. 76), iii) psychiatric care received in the context of
the criminal proceedings against him (supra paras. 107,109 and 110) and iv) medical
assessments performed in the civil suit for damages (supra paras. 94 to 96).
112.
Additionally, during the process before the Inter-American Commission, the State
offered to devise what it termed “a humanitarian solution,” whereby it sought to assess the
possibility of providing assistance with health care, and eventually the provision of a
disability pension to help support Sebastián Furlan (infra para. 114).226
113.
On January 4, 2005 the Minister of Defense sent a note to Chief of Staff of the Army
in which he requested “that it order everything necessary for the Hospital Militar Central to
provide the health assistance recommended by the Inter-American Commission […] in the
‘Case of Furlan, until it is determined which government agency will be responsible.’”227 On
January 11, 2005 the General Secretariat of the Army “asked Mr. Danilo Pedro Furlan to go
to the headquarters of General Staff of the Army.”228 On January 14, 2005 “Mr. Furlan,
accompanied by his son Sebastián, went to said [Hospital], where he expressed his wish to
withdraw from the treatment he had requested due to his family’s resistance to participate
in the different specialized practices of the Psychiatric Service.”229
E)
114.
Pension granted to Sebastián Furlan
On August 26, 2009 after several attempts to obtain a pension230 Sebastián Furlan
226
Memorandum of December 20, 2004 signed by the Ministry of Defense (file of appendices to the response,
appendix II, pages 3345 and 3346). Under this initiative, on December 17, 2004, a meeting was held with
“representatives of the Human Rights Secretariat, the Ministry of Foreign Affairs”, the Ministry of Defense,
representatives of the Inter-American Commission on Human Rights, including commissioner Florentín Meléndez
and Mr. Danilo Furlan. During this meeting they discussed the possibility of providing “access to psychological
treatment at the Hospital Militar Central […] for Sebastian and his family members.”
227
3348).
Brief of January 4, 2005 of the Ministry of Defense (file of appendices to the response, appendix III, page
228
Brief of February 1, 2005 signed by the State-General Staff of the Army (file of appendices to the written
brief containing pleadings, appendix IV, page 3352 and 3353). On January 12, 2005 it was recorded “that the
Forces would provide him with psychological and psychiatric care, also to his immediate family group at the […]
Central Military Hospital” and “the Hospital was ordered […] to take appropriate steps to provide assistance to the
plaintiff, and to immediately begin the appropriate psychiatric and psychological treatment.”
229
Brief of February 1, 2005 signed by the Army’s Chief of General Staff (file of appendices to the response,
appendix IV, pages 3352 y 3353) and brief of January 14, 2005 of Danilo Furlan (file of appendices to the
response, appendix VI, pages 3357 and 3358). Mr. Danilo Furlan submitted a brief addressed to the
Undersecretary of technical military affairs, in which he indicated that he was discontinuing his treatment because
a: i) “he fe[lt] like an intruder who was being questioned,” and he also “fe [lt] that [his] presence bothered [the
doctor]” and that doctor “asked whether everything that was going to be done there would be communicated [by
Mr. Danino Furlan] to the [Inter-American Commission]”; ii) “[his] son does not want to have anything more to do
with doctors, hospitals, internments or medications, that many years have passed (16) and he still has terrible
memories of the psychiatric-judicial-police treatment, where [they were] treated worse than criminals”; and iii)
“the decision by [his] ex-wife and [his] son Claudio, apart from those memories, was also due to the distance of
the [Hospital] from their homes.”
230
On July 9, 2001 Mr. Danilo Furlan informed the judge that he had asked his attorney about the possibility
of a pension for Sebastián and that he “confirmed what [the judge] had told him, that pensions are granted only in
cases where the disability is more than 76% and that [his] son's disability is 70%”. Cf. Brief of July 7, 2001
presented by Danilo Furlan (file of appendices to the Report on Merits, volume IV, page 1969). On July 18, 2001
Mr. Danilo Furlan asked the judge if there was some “solution” for “these cases”, such as, for instance, “a special
39
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