said occasion, the petitioner’s attorney also waived the right to introduce the pending evidence from
custodians of records.120
78.
On March 2, 1998, the Ciudadela Norte Club submitted a communication to the
judge asserting that it did not have any physical evidence (club membership card, for example) to
certify that Sebastian had practiced any sport at said institution; further noting that based on the
comments provided by Sebastian’s father it was “more than likely” that he [Sebastian] had been
connected [to the club] through a federation league as a basketball player of said institution, and
that this information could be obtained at the Regional Basketball Federation of the Federal
Capital.121 On March 5, 1998 a report submitted by Technical Education School No. 4 was entered
into the case file of the proceedings reporting on school performance of Sebastian during the school
years prior to and after December 1988.122
79.
On September 28, 1998 the presiding judge of the Juvenile Court No. 1 of the
Judicial Department of San Martin sent ad effectum vivendi et probandi and subject to return, Case
file No. 18.903, titled “Furlan, Sebastian Claus re victim. Serious bodily harm.”123
80.
The medical-psychological expert submitted his report, which was forwarded to the
parties by court order on March 5, 1999.124 The petitioner’s attorney requested two clarifications
from this expert, which were answered by him in his brief submitted on May 11, 1999.125 On
November 15, 1999, the expert neurologist submitted his report, on which occasion he also
delivered an envelope containing a gadolinium-enhanced Encephalic Nuclear Magnetic Resonance.126
On November 29, the petitioner’s attorney requested some clarification from the expert neurologist
based on his written report, to which the expert replied in December 1999, specifying that the
duration of the physio-kinesiologic therapy treatment should be for at least two years.127
81.
On February 25, 2000, the petitioner’s attorney requested that the evidence be
certified and that the evidentiary period be closed.128 On March 2, 2000, the court certified that no
120
Case proceedings file titled “Furlan Sebastian Claus v National State for Damages,” page 275.
communication from the State received on October 15, 2008.
Annex to
121
Case proceedings file titled “Furlan Sebastian Claus v National State for Damages,” page 106.
communication from the State received on October 15, 2008.
Annex to
122
Note No. 05/98 from Technical Education School No. 4 dated March 3, 1998, case proceedings file titled
“Furlan Sebastian Claus v National State for Damages,” pages 109 and 110. Annex to communication from the State
received on October 15, 2008.
123
No copy of the proceedings of this case appears in the case file of the IACHR. The parties make no reference to
this case in their communications to the Commission and, in the context of the suit for damages the civil court only mentions
this case as a reference in the trial court judgment. See whereas clause I of the trial court judgment which mentions the
inspection visit of the property and the sketch made thereof, which were carried out in the context of said case before the
juvenile court. Also see letters of notice of request from the case dated March 16, 1998 and September 10, 1998. Case
proceedings file titled “Furlan Sebastian Claus v National State for Damages,” pages 181, 183, 285, 286 and 321 back.
Annex to communication from the State received on October 15, 2008.
124
Case proceedings file titled “Furlan Sebastian Claus v National State for Damages,” pages 243-247. Annex to
communication from the State received on October 15, 2008.
125
Case proceedings file titled “Furlan Sebastian Claus v National State for Damages,” pages 250 and 259. Annex
to communication from the State received on October 15, 2008.
126
Case proceedings file titled “Furlan Sebastian Claus v National State for Damages,” pages 266-270. Annex to
communication from the State received on October 15, 2008.
127
Case proceedings file titled “Furlan Sebastian Claus v National State for Damages,” pages 271 and 274. Annex
to communication from the State received on October 15, 2008.
128
Case proceedings file titled “Furlan Sebastian Claus v National State for Damages,” pages 94 and 95 back.
Annex to communication from the State received on October 15, 2008.