with the Staff of the Army,97 which was set for April 10, 1997.98 Nonetheless, the petitioner requested a new date to be set due to the fact that it was impossible for him to be served on time. The new settlement date was set for May 8, 1997.99 The EMGE submitted a brief claiming that neither the attorney representing the EMGE in the proceedings, nor any other attorney from said institution could attend the hearing with the authority to enter into a settlement, because under domestic law, the Ministry of Defense was the sole authority with the respective power to do so. On said occasion, the EMGE’s attorney clarified that he did not mean to signal thereby that the State or the EMGE was not “open to considering any type of proposal.”100 The court put on the record that on May 8, 1997 Sebastian and his attorney appeared at the settlement hearing, but there was no representative of the EMGE.101 74. On August 21, 1997, there was a change of counsel for the petitioner.102 On July 14, 1997, the plaintiff introduced new facts in the record of the proceedings noting the assault on his grandmother and other acts of aggression “contrary to all logic and morals” that prompted the intervention of the police on several occasions,103 to which the attorney of the EMGE objected to their admission.104 In an order on September 26, 1997, the court decided to admit the new facts.105 On October 21, 1997, Sebastian’s attorney moved for the introduction of evidence to begin.106 On October 24, the judge announced the taking of evidence in the proceedings for a period of 40 days, giving the parties 10 days for the introduction thereof.107 On November 14, 1997, Sebastian’s attorney introduced documentary evidence, evidence related to requests for information, expert evidence (requesting the appointment of two experts: one medical and one psychiatric expert), testimonial evidence; and on December 16, requested that the court to rule on the admissibility of such requested evidence.108 On December 18, 1997 the court ruled on the evidence introduced by the plaintiff, setting August 19, 20 and 21, 1998 to hear the testimony of the witnesses that were 97 Case proceedings file titled “Furlan Sebastian Claus v National State for Damages,” page 66 back. Annex to communication from the State received on October 15, 2008. 98 Case proceedings file titled “Furlan Sebastian Claus v National State for Damages,” pages 66 back and 67. Annex to communication from the State received on October 15, 2008. 99 Case proceedings file titled “Furlan Sebastian Claus v National State for Damages,” pages 70 and 70 back. Annex to communication from the State received on October 15, 2008. 100 Case proceedings file titled “Furlan Sebastian Claus v National State for Damages,” page 72. communication from the State received on October 15, 2008. Annex to 101 Case proceedings file titled “Furlan Sebastian Claus v National State for Damages,” page 73. communication from the State received on October 15, 2008. Annex to 102 Case proceedings file titled “Furlan Sebastian Claus v National State for Damages,” page 83. communication from the State received on October 15, 2008. Annex to 103 Case proceedings file titled “Furlan Sebastian Claus v National State for Damages,” page 77. communication from the State received on October 15, 2008. Annex to 104 Case proceedings file titled “Furlan Sebastian Claus v National State for Damages,” page 86. communication from the State received on October 15, 2008. Annex to 105 Case proceedings file titled “Furlan Sebastian Claus v National State for Damages,” page 73. communication from the State received on October 15, 2008. Annex to 106 Case proceedings file titled “Furlan Sebastian Claus v National State for Damages,” page 90. communication from the State received on October 15, 2008. Annex to 107 Case proceedings file titled “Furlan Sebastian Claus v National State for Damages,” page 790 back. Annex to communication from the State received on October 15, 2008. 108 Case proceedings file titled “Furlan Sebastian Claus v National State for Damages,” pages 96-98. Annex to communication from the State received on October 15, 2008.

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