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The Seventh Guarantee Court of Santiago issued a judgment and ordered the State to pay more than $ 3,700 million in compensation for moral damage to the families of the inmates who died in a fire that affected the San Miguel Prison.
The incident occurred on December 8, 2010, when 81 inmates died due to an accident that occurred after a fight between inmates.
The case establishes that the prison did not have evacuation routes and was overcrowded by 300%.
With this background, Judge Carolina Ramírez Reyes established the State’s responsibility for lack of service and ordered the payment of full compensation of $ 3,791,500,000 (three thousand seven hundred ninety one million five hundred thousand pesos), distributed in amounts ranging from $ 3,000,000 (three million pesos) to $ 112,000,000 (one hundred and twelve million pesos), depending on the family or affected group.
The above, regarding 72 deceased inmates and 13 inmates who survived the accident.
For the court, “the prison authorities could not help but foresee that overcrowding, the non-existence of evacuation measures, the non-existence or absence of communication of a fire plan, the meager number of officials in charge of the prison population, the scarce or no firefighting preparation of the gendarmerie officers and the overflowing behavior of the inmates, turned these gas cylinders into a time bomb for the safety of the prison population; and for the same reason, having as a precedent that gas cylinders were an unwanted object, and only allowed because the fiscal resources destined to feeding the inmates were insufficient, their quantity should be restricted and the way of operating them should be controlled ”.
Likewise, it establishes that “the delay with which the rescue of the inmates of the north wing was carried out is striking, since it seems that no one was able to warn – at first – that their lives were in danger, proceeding to their rescue only once the rescue work of the inmates of the southern area was abandoned ”.
In this way, the compensation depends on the reality of each plaintiff family, the highest being $ 150 million.
The resolution is in the first instance, therefore, it can be appealed by the State Defense Council.
Check below the detail of the failure:
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