his nephews,” (iv) the “measures and steps taken in relation to claims and requests
concerning Sebastián’s health, medical and psychological treatment, and access to
social security,” and (v) the alleged “lack of judicial protection and deferment of
compensation, and how this affected the life of his family.”
B)
Expert witnesses proposed by the representatives
1) María Laura Subies, who will testify about: (i) “decision mechanisms and practice of
the courts in cases processed by courts with the same territorial and subject-matter
jurisdiction as the court that intervened in the proceedings for damages as a result
of Sebastian Furlan’s accident;” (ii) “the possibilities of public health care and social
security coverage for children with disabilities,” and (iii) “the State’s response with
regard to information on assistance,” and
2) Gustavo Daniel Moreno, who will testify about: (i) “the institution of the defender of
children and those lacking legal capacity under Argentine law in the case law of the
Supreme Court, and in the practice of the courts;” (ii) “the proceedings in which the
said institution intervenes to protect economic, social and cultural rights, and its
extra-judicial actions;” (iii) the “role of the Advisor for minors and those lacking legal
capacity in light of the obligations of special protection imposed by the American
Convention on Human Rights and the Convention on the Rights of the Child;” (iv)
“civil and commercial proceedings under the domestic system of justice;” (v) “the
decision-making powers of the judges under the procedural system;” (vi) when a
case for damages can be considered complicated, and (vii) the usual time required to
process such cases.
C)
1)
Expert witness proposed by the Commission
Alejandro Morlachetti, who will testify about: (i) “the international standards for the
judicial protection of children with disabilities and the special measures that must be
taken when the result of a litigation relates to their right to personal integrity,” and
(ii) “the application of these standards to the facts of the case.”
6.
To require the State to facilitate the exit from and entrance to its territory of the
deponents, if they reside or are in its territory, who have been summoned in this Order to
testify at the public hearing on the preliminary objections and possible merits, reparations
and costs in this case, in accordance with the provisions of Article 26(1) of the Court’s Rules
of Procedure.
7.
To require the representatives, the State, the Inter-American Commission, and the
Secretariat of the Court to notify this Order to the persons they have proposed, and to the
expert witness established ex officio by the President, respectively, who have been
summoned to testify, in accordance with the provisions of Article 50(2) and 50(4) of the
Rules of Procedure.
8.
To inform the representatives and the Inter-American Commission that they must
cover the costs of providing or producing the evidence they have proposed, in accordance
with the provisions of Article 60 of the Rules of Procedure.
To require the representatives and the expert witness, Hernán Gullco, convened ex
9.
officio by the President, to forward to the Court an estimate of the cost of preparing an
affidavit in Argentina and forwarding it to the Inter-American Court of Human Rights, as
well as the other vouchers for pertinent expenses, by February 7, 2012, at the latest.
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