additional remarks on the merits. On said occasion, the IACHR also made itself available to the
parties in order to reach a friendly settlement in the case in accordance with Article 48.1.f of the
American Convention.
8.
The IACHR received additional information from the petitioner on the following dates:
July 12 and 14, August 11 and 14 and December 26, 2006, January 10, March 21, April 10, July
18, August 3, 7 and 29, September 18, October 24, November 12 and December 18, 2007,
January 22, February 21, March 3, April 7, May 22, June 19, July 18, August 6, October 6, and
December 3, 2008, March 12 and 31, August 31 and September 8, 2009 and July 21, 2010.
Copies of said communications were duly forwarded to the State.
9.
The IACHR received observations from the State on the following dates: August 25,
October 15, November 5 and December 17, 2008, February 23 and October 15, 2009. Copies of
said communications were duly forwarded to the petitioner.
10.
In a communication on July 17, 2008, the IACHR requested a copy of the court case
file from the State, which it forwarded in a note on October 15, 2008. In a communication on May
3, 2010, the IACHR requested additional information from both parties. The petitioner responded to
this request in a communication received on June 3, 2010. In a communication received on June
11, 2010, the State requested an extension to submit said information, which was granted by the
IACHR.
V.
POSITION OF THE PARTIES
A.
Position of the Petitioner
11.
The petitioner alleges that on December 21, 1988, his 14-year-old son Sebastian
Furlan went with other boys to play in an abandoned military training field in the area where he
resided in Ciudadela, Province of Buenos Aires. On said occasion, Sebastian hung from a 45 to 50
kilogram crossbeam, which broke off and fell on his head, fracturing his skull and knocking him
unconscious. He claims that the boy was taken to the hospital where he was diagnosed with
cranial trauma, a fractured temporal bone, blood loss through the nostrils, and consequently
underwent an operation. Following the operation, he remained in a coma until January 3, 1989,
and was released on January 23, 1989.
12.
On December 18, 1990, the petitioner filed for damages before Court No. 9, Clerk’s
Office No. 28, in the case titled ‘Furlan, Sebastian v National State for damages.’ The judgment of
the trial court, issued on September 7, 2000, ascribed 30% of the responsibility to Sebastian and
70% of the responsibility to the State. Finding the claim admissible, it ordered the State to pay
130,000 pesos as damages, and all court costs and attorneys fees. The judgment was appealed by
both parties, and was upheld by the court of appeals —Civil and Commercial Chamber No. 1 of the
National Chamber of Appeals for Civil and Commercial Matters— on November 23, 2000, with
regard to the main issue, but modifying it in relation to the court costs and attorneys fees, and
dividing them in proportion with the responsibility ascribed in the decision. Accordingly, the appeals
court ruled that the State was responsible for 70% and the petitioner for 30% of court costs and
legal fees.
13.
The petitioner notes that the proceedings took 10 years for the judgment to be
handed down and 13 years until compensation could be collected. He notes that even though the
judgment ordered the State to pay in pesos, it was paid out in bonds. He further claims that when
the trial court judgment was issued in 2000, the peso was valued at a rate of one dollar to one
peso, but following the economic crisis in late 2001, the peso underwent devaluation. He asserts
that the court awarded damages for 165,063 pesos and that after attorneys’ fees were paid, the