48.
On February 28, 1994, a psychiatric exam was performed, during which Sebastian
stated that he had auditory hallucinations and that he was undergoing psychiatric treatment, but
that at the time he was not receiving any psychoactive drugs. With regard to the beating of his
grandmother, Sebastian claimed that it was a “reflex”38. In the context of said case, Sebastian
described his situation in his own words, as follows:
As a result of the aggressiveness stemming from the accident, I assaulted my grandmother
and consequently my uncle pressed charges, which gave rise to Case No. 27.438 brought
before Dr. J.C. Sorondo of the Criminal Court No. 5 of the Judicial Department of San
Martin.- I was sentenced there to three months at the Araoz Alfarao Institute, in 1993.(…) For many periods of time, I lost self-control and carried out acts against all logic and
morals, which was why members of the Police Department intervened, with records of the
incidents kept at each Police Station involved. One of them, Police Station No. 35 of the
Federal Capital, occurring in 1993 and the other (…) on October 17, 1993, at Police Station
No. 45.39
49.
The findings of said examination were that Sebastian presented a “mixed
psychoorganic-dissociative psychiatric syndrome of sequelae” which makes him unable to discern
the unlawful nature of his conduct and autonomously control his will.40 Based on this medical
opinion, the judge dismissed the case without prejudice on March 1, 1994, and taking into account
“the danger to himself and to others,” remanded him to police custody at the Evita de Lanus
(formerly Araoz Alfaro) Hospital (hereinafter “Evita Hospital”), for his safety and treatment, until
such time as the conditions of danger go away.41
50.
On March 23, 1994, the forensic doctor reported to the court that in view of
Sebastian’s clinical status and that “he is psychiatrically cleared and adequately medicated,” it
would not be necessary to hold him under police custody at Evita Hospital. Consequently the police
custody was removed on March 25, 1994.42
51.
On April 6, 1994, the Evita Hospital forwarded a report on Sebastian’s evolution and
status, in which it informed the judge “thanks to the in-patient treatment provided, he is calmer,
though his habitual bradypsychia and deviation of judgment, irreversible aftereffects from his past
accident persist. He also appears dysthymic and eager to see his father.”43 The doctors entered
into the record that Sebastian was being medicated with Bromazepan (6 mg.) and Etumina and
38
Case No. 27.438/3861 against Sebastian Furlan for serious bodily harm, Court for Criminal and Correctional
Matters No. 5 (1994), page 29 and 29 back. Annex to communication from the petitioner dated April 1, 2008.
39
Written brief “Complaint New Offenses”, submitted by Sebastian Claus Furlan, acting on his own behalf. Case
proceeding file titled “Furlan Sebastian Claus v National State for Damages”, page 77. Annex to communication from the
State received on October 15, 2008. (For the purposes of the present report, in reproducing the verbatim quote, spelling
errors of written accents were omitted that were present in the original; this, however, does not entail any alteration of the
substance or content of the quote). Free translation by the IACHR.
40
Case No. 27.438/3861 against Sebastian Furlan for serious bodily harm, Court for Criminal and Correctional
Matters No. 5 (1994), page 29 and 29 back. Annex to communication from the petitioner dated April 1, 2008.
41
Case No. 27.438/3861 against Sebastian Furlan for serious bodily harm, Court for Criminal and Correctional
Matters No. 5 (1994), pages 30 and 31 back and 34. Annex to communication from the petitioner dated April 1, 2008.
42
Case No. 27.438/3861 against Sebastian Furlan for serious bodily harm, Court for Criminal and Correctional
Matters No. 5 (1994), pages 54 and 56. Annex to communication from the petitioner dated April 1, 2008.
43
Case No. 27.438/3861 against Sebastian Furlan for serious bodily harm, Court for Criminal and Correctional
Matters No. 5 (1994), page 61. Annex to communication from the petitioner dated April 1, 2008.