8.1) and the right to effective judicial protection (Article 25.1) to the detriment of Sebastian’s
father, Danilo Furlan; all of these rights enshrined in the American Convention.
5.
Based on the foregoing, the IACHR recommends in this report that the Argentine
State (i) provide full reparation to Sebastian Claus Furlan and his family for the violations of the
human rights established in this report, taking into account the consequences caused by the
unwarranted delay in the judicial proceedings, and that such reparation be effective taking into
account the fact that Sebastian suffers a permanent disability (ii) ensure that Sebastian has access
to medical and other types of treatment at specialized and quality treatment centers, or the means
to gain access to said care at private centers; and (iii) as a measure of non repetition, take the
necessary actions to make sure that law suits against the State for damages relating to the right to
personal integrity of children comply with due process of law and judicial protection, particularly,
the right to be heard within a reasonable time. Lastly, the IACHR agrees to forward this report to
the Argentine State and grant a period of two months for it to implement the recommendations set
forth therein. This period shall be counted from the date on which this report is forwarded to the
State. The Commission also agrees to notify the petitioner of approval of this report pursuant to
Article 50 of the Convention.
III.
IACHR MEETING WITH THE STATE AND THE PETITIONER
6.
On December 13, 2004, a meeting was held at the Ministry of Foreign Relations of
Argentina, attended by the petitioner, several representatives of the State and the IACHR
delegation, headed by then Commissioner Florentin Melendez, at which the parties engaged in
discussions regarding the treatment required for Sebastian’s recovery.1 As follow-up to said
meeting, the IACHR sent a letter to the State stressing the importance of “access to psychological
treatment in the Central Military Hospital, which the petitioner had requested for Sebastian and
other family members.”2 The petitioner discontinued the treatment provided at the Central Military
Hospital shortly thereafter.3 Consequently, the petitioner requested psychological treatment at an
alternative facility, to which the Ministry of Defense responded that the National Commission of
Social Assistance of the Ministry of Social Development advised the petitioner to go to the
personalized care center closest to his home.4
IV.
PROCESSING SUBSEQUENT TO REPORT No. 17/06
7.
On March 2, 2006, the IACHR approved Report No. 17/06, declaring Case 12.539
admissible as to the alleged violations of the rights enshrined in Articles 8, 19, 25 of the American
Convention in conjunction with the general obligation to respect and ensure rights as provided by
Article 1.1 of said treaty. In a communication on June 13, 2006, the Commission forwarded the
report to the petitioner and the State, setting a period of two months for the parties to submit
1
Letter of the IACHR dated December 16, 2004.
2
Letter of the IACHR dated December 16, 2004.
3
Communication from the Director General of Legal Affairs of the Ministry of Defense, addressed to the Under
Secretariat for Coordination of said ministry, dated May 11, 2006. Annex to communication from the petitioner received on
July 12, 2006. With regard to this point, the petitioner explains the three reasons which led him to discontinue the
treatment offered at the Central Military Hospital: 1) the treatment that he received from the doctor was not, according to
the petitioner “warm”, and that, as a result, he felt like he was being interrogated by the doctor; 2) his son Sebastian did not
want “any more doctors or hospitals or confinement or medications;” and 3) the long distance between the location of the
Central Military Hospital and the home of his ex-wife and his youngest son, Claudio. Communication from Mr. Danilo Furlan
addressed to the Under Secretary of Technical Military Matters, dated January 14, 2005, “Photocopy No. 2”, identified with
number VII. Annex to Communication from the petitioner dated January 21, 2005, received at on February 1, 2005.
4
Communication dated July 6, 2006 from the Under Secretariat for Coordination of the Ministry of Defense,
addressed to Mr. Danilo Furlan. Annex to communication from the petitioner received on July 12, 2006.