takes the place of the wife, as caretaker of the children), created a highly conflictive relationship
between Sebastian and his father, which led Sebastian to not recognize his thoughts and desires as
his own, plunging him into a “state of confusion,” which prevents him from grasping nuances in
conduct demanded by society.55
59.
The examination performed on March 17, 1994 on Sebastian’s father established
that he presents a “neurotic personality structure, with psychopathic traits of disharmonious actions
in situations of increased amounts of environmental stress.”56 Based on said diagnosis, the court
recommended that he be given outpatient psychiatric-psychotherapeutic treatment at the Posadas
National Hospital, and that certification of his constant attendance be forwarded to the court.57
60.
Prior to ruling on Sebastian’s release from the hospital, in the context of the criminal
case against him for serious bodily harm to his grandmother in 1994, the criminal court ordered that
several interviews be conducted with Sebastian and his immediate family members at the C.I.F. On
April 28, 1994, Sebastian (19), his father, Danilo Furlan (47), his mother, Susana Fernandez de
Furlan (45), his sister, Sabina Furlan (18) and his brother, Claudio Furlan (14) went to the C.I.F.
The conclusion drawn from these interviews was that “the family group is severely disturbed and
the risk of violent action is high.” 58
61.
Following several examinations and interviews, the judge ordered Sebastian’s release
from the hospital in a decision on May 18, 1994, and ordered the continuation of Sebastian’s and
that of his immediate family’s psychiatric treatment at C.I.F. (requiring bimonthly reporting to the
court on said treatment) following the recommendation that the Zone Office of Guardianship of the
Mentally Disabled had made in the context of said court case.59 The reports on said psychiatric
treatment submitted for the following month noted that the immediate family attended the
treatment and was improving with regard to family relationships; however, Sebastian and his father
had dropped out of the treatment in July of that year, and were consequently directed by the court
to continue with the treatment.60
55
Expert Medical-Psychological examination report conducted by Dr. Luis Garzoni, court-appointed expert in the
case proceeding records titled “Furlan Sebastian Claus v National State for Damages”, submitted in the case on an illegible
date and forwarded to the parties in court order on March 5, 1999, page 246, case proceeding records titled “Furlan
Sebastian Claus v National State for Damages.” Annex to communication from the State received on October 15, 2008.
56
Case No. 27.438/3861 against Sebastian Furlan for serious bodily harm, Court for Criminal and Correctional
Matters No. 5 (1994), page 47. Annex to communication from the petitioner dated April 1, 2008. Free translation by the
IACHR.
57
Case No. 27.438/3861 against Sebastian Furlan for serious bodily harm, Court for Criminal and Correctional
Matters No. 5 (1994), page 48. Annex to communication from the petitioner dated April 1, 2008.
58
Case No. 27.438/3861 against Sebastian Furlan for serious bodily harm, Court for Criminal and Correctional
Matters No. 5 (1994), page 104. Annex to communication from the petitioner dated April 1, 2008.
59
Case No. 27.438/3861 against Sebastian Furlan for serious bodily harm, Court for Criminal and Correctional
Matters No. 5 (1994), page 111 and page 117 back. Annex to communication from the petitioner dated April 1, 2008.
60
Case No. 27.438/3861 against Sebastian Furlan for serious bodily harm, Court for Criminal and Correctional
Matters No. 5 (1994), pages 125-128. Annex to communication from the petitioner dated April 1, 2008.