recommended adequate psychological treatment so he can decide on school and activities he
wishes participate in.44
52.
In the follow-up medical reports, after the patient was released, the petitioner
informed the treating doctor that “after three months of being confined in the hospital, (Sebastian)
is very fearful, at times he trembles, he is very scared and has nightmares; the confinement has
made him regress from the progress that he had achieved before.”45 On October 4, 1994, the
petitioner appeared before the court and stated that Sebastian “is totally recovered at this time, is
attended every two weeks at the C.I.F. (Centro de Integración Familiar) [Family Integration Center],
where he receives adequate treatment.”46
53.
On November 17, 1994, the forensic doctor reported to the court that Sebastian
attended the full school year, studying industrial studies (third year) (performing poorly) and that he
obtained his driver’s permit and that he had not had any accidents; concluding that “even though he
still has the psycho-organic basis of his illness, the lack of sensorial perception has disappeared”,
and therefore he may continue to receive outpatient treatment and periodical monitoring.47 On
December 22, 1994, the court decided to lift the security measures on Sebastian regarding
treatment at the C.I.F [Family Integration Center].48
54.
Sebastian studied his first year, second division at Technical Education School No. 4
in 1988 and then his second year, first division in 1990, through early May. The attorney for the
plaintiff requested this school to report on his status of integration and academic performance
before and after the accident of December of 1988, as evidence in the domestic suit for damages.
The information provided by Technical Education School No. 4 in the context of the case confirms
that Sebastian’s behavior changed in a way that adversely affected his school performance. In
response to the official letter of request, the school principal informed the judge the following:
“severe changes in his speech, motor skills and profound changes in his conduct were observed,
which was disconcerting to the school staff and hampered the normal course of learning for this
student and the others.”49
55.
The expert medical examination conducted in the context of the civil proceedings,
the report of which was presented to the court on November 15, 1999, yielded the following
conclusions as to how Sebastian was affected and the necessary medical care to treat him:
In response to the points of the expert examination, it could be said that:
44
Case No. 27.438/3861 against Sebastian Furlan for serious bodily harm, Court for Criminal and Correctional
Matters No. 5 (1994), page 66. Annex to communication from the petitioner dated April 1, 2008. Free translation by the
IACHR.
45
Case No. 27.438/3861 against Sebastian Furlan for serious bodily harm, Court for Criminal and Correctional
Matters No. 5 (1994), page 126 back. Annex to communication from the petitioner dated April 1, 2008. Free translation by
the IACHR.
46
Case No. 27.438/3861 against Sebastian Furlan for alleged serious bodily harm, Court for Criminal and
Correctional Matters No. 5 (1994), page 141. Annex to communication from the petitioner dated April 1, 2008. Free
translation by the IACHR.
47
Case No. 27.438/3861 against Sebastian Furlan for alleged serious bodily harm, Court for Criminal and
Correctional Matters No. 5 (1994), page 151. Annex to communication from the petitioner dated April 1, 2008.
48
Case No. 27.438/3861 against Sebastian Furlan for alleged serious bodily harm, Court for Criminal and
Correctional Matters No. 5 (1994), pages 168-169. Annex to communication from the petitioner dated April 1, 2008.
49
Note No. 05/98 dated March 3, 1998, forwarded by Technical Education School No. 4, Tres de Febrero, Region
V, to the court in the context of the suit for damages brought by the petitioner. Case proceeding file titled “Furlan Sebastian
Claus v National State for Damages”, page 109. Annex to communication from the State received on October 15, 2008.
Free translation by the IACHR.