REPORT No. 111/10 CASE 12.539 MERITS SEBASTIAN CLAUS FURLAN AND NEXT OF KIN ARGENTINA October 21, 2010 II. SUMMARY 1. Mr. Danilo Furlan (hereinafter “the petitioner” or “Danilo Furlan”) lodged a petition against the State of Argentina (hereinafter “the State”, “the Argentine State” or “Argentina”) on behalf of his son Sebastian Claus Furlan (hereinafter “the alleged victim” or “Sebastian”). It is alleged in the petition, which was filed at the OAS office in Argentina on July 18, 2001, that the State violated the human rights of Sebastian and his family resulting from a delay of more than 13 years in paying him compensation for damages stemming from the accident sustained by Sebastian when he was 14 years old, when a crossbeam which he hung from fell on his head causing him irreversible brain injuries. The accident occurred in an abandoned training field belonging to the Argentine Army. 2. The petitioner further contends that the court-ordered damage award was not enough to cover the expenses associated with Sebastian’s recovery and to make sure that he has enough to live on, in light of his permanent limitations resulting from the accident, which render him unable to hold a steady job. Lastly, the petitioner argues that the State was tardy in paying the damages, in addition to which payment was made in bonds, which led to a significant decrease in the amount of the reparation given. 3. The State concurs with the petitioner as to the sequence of the main events pertaining to the accident, the seriousness of the injuries sustained by the alleged victim and the objective division of responsibility established by the court (70% of State responsibility due to the state and the conditions of the abandoned field and 30% of responsibility of the victim). Notwithstanding, the State alleges that the delay in the course of the civil damages proceedings cannot be attributed to the State; inasmuch as such delay was due to negligence on the part of the petitioner’s attorney. The State further claims that it did not violate the right to judicial protection by paying the petitioner compensation in the form of bonds, while arguing that the means of execution of domestic judgments falls outside of the scope of protection of the American Convention. The State also contends that consideration of the alleged insufficiency of the amount of the award falls outside the competence of the Inter-American Commission on Human Rights (hereinafter “the Commission”, “the Inter-American Commission” or “the IACHR”). Lastly, it argues that it did not violate the right set forth in Article 19 of the American Convention on Human Rights (hereinafter “the American Convention” or “the Convention”), inasmuch as the mere fact that Sebastian was a minor at the time of the accident does not imply a violation of the rights of the child established in said provision. 4. In this report, the IACHR concludes that the Argentine State is responsible for violation of the right to be heard within a reasonable time (Article 8.1), the right to judicial protection (Article 25, sections 1 and 2.c), the right to personal integrity (Article 5.1), the rights of the child (Article 19) in conjunction with the general obligation to ensure human rights (Article 1.1) of the American Convention to the detriment of Sebastian Claus Furlan. With regard to his next of kin, the IACHR concludes that the Argentine State violated the right to personal integrity (Article 5.1) of his father (Danilo Furlan), his mother (Susana Fernandez), his brother (Claudio Erwin Furlan) and his sister (Sabina Eva Furlan); as well as the right to be heard within a reasonable time (Article