E.
Request for pension for Sebastian
62.
In response to Danilo Furlan’s request for a pension for his son due to his disability,
the National Commission of Public Assistance of the Ministry of Social Development sent him a
letter dated December 9, 2005, informing him about the minimal eligibility requirements that must
be met in order to apply for non-contributory pensions. The requirements mentioned in the letter
are: that the person must (i) be totally and permanently “disabled”, which is presumed to mean that
the “disability causes a decrease in (76%) or more in the ability to work; and (ii) “not have relatives
that are legally obligated to provide support or, if the person has such relatives, that they are
impaired from doing so.”61
63.
The petitioner further requests the Ministry of Defense for a pension similar to the
one applicable to ex-combatants of the Falkland Islands war; the request was declared inadmissible
by the State in July 2006, on the grounds that this type of pension is governed by special laws,
which establish certain requirements that must be met and that are subject to mandatory
verification.62
F.
The civil suit for damages and payment of the judicial award in bonds
64.
On December 18, 1990, assisted by counsel, Sebastian’s father filed a civil
complaint in order to claim compensation from the State for damages “stemming from the resulting
disability of [his] son Sebastian, unearned wages, expected loss and moral injury [pain and
suffering], from the accident.”63 On April 16, 1991, the petitioner submitted an addendum to
complete the originally filed complaint, asking for compensation for (a) moral injury (encompassing
physical and psychological suffering stemming from the accident); (b) the aftereffects from the brain
injuries sustained, which will prevent him in the future from undertaking a college level career or
even from completing secondary school; (c) the aftereffects due to physical injuries sustained,
which prevent him and will prevent him in the future from having a normal social life; and (d)
recurring brain and physical injuries, which manifest themselves as repeated headaches, memory
loss and numbness in limbs.64 The petitioner further requests the benefit of litigating at no expense,
which was subsequently granted by the court.65
65.
On December 24, 1990, the judge requested that the case proceedings file be sent
to the Federal Prosecuting Attorney to rule on whether the court has jurisdiction to hear the case, to
which the Prosecutor responded in an official letter on February 11, 1991, that based on the object
thereof, the case would indeed be subject to the provisions set forth in Decrees 34/91 and 53/91,66
61
Annex to communication from the petitioner received December 19, 2005.
62
Communication dated July 6, 2006 from the Subsecretariat for Coordination of the Ministry of Defense,
addressed to Mr. Danilo Furlan. Annex to communication from the petitioner received July 12, 2006.
63
Complaint submitted on December 18, 1990, Case file titled “Furlan Sebastian Claus v. National State for
Damages,” page 6. Annex to communication from the State received on October 15, 2008.
64
Addendum to complaint [integración de demanda] submitted on April 16, 1991. Case proceedings file titled
“Furlan Sebastian Claus v National State for Damages,” page 16 back. Annex to communication from the State received on
October 15, 2008.
65
The IACHR is not certain of when said benefit was granted, because that issue is being heard in a separate
proceeding from the main case. However, several letters from the court dated September 11 and 20, 2001 are in the record
referring to said benefit. Case proceedings file titled “Furlan Sebastian Claus v National State for Damages,” pages 389 and
396. Annex to communication from the State received on October 15, 2008.
66
Case proceedings file titled “Furlan Sebastian Claus v National State Alleged Damages,” pages 7 back and 8.
Annex to communication from the State received on October 15, 2008.