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The Second Civil Court of Antofagasta orders the treasury to compensate a prisoner who was raped
The Second Civil Court of Antofagasta accepted the suit filed and ordered the treasury to pay compensation of 25,000,000 dollars for moral damages to the prisoner who was raped in October 2018 in the Calama Preventive Detention Center, where she remains in precautionary measures Was doing. Preventive detention.
In the judgment, Judge Andrea Przybyszewski Zopia condemned the treasury for lack of service, failing to comply with its obligation to guarantee the safety of the victim who was in the custody of the Gendarmerie.
“(…) The sexual assault suffered by the plaintiff represents a direct breach of the particular standard or principle of the duty of care or custody that binds him, which necessarily constitutes a lack of service under a late or incomplete conduct. Similarly, as expressed earlier, his or her identity as the attackers does not in any way alter the conclusion, as it is not relevant for the purposes of establishing deficiency of service against the principles mentioned above, and moreover Said quality – already whether it is a Gendarmerie officer or a third party outside the department – it still indicates a malfunction of the service, followed by non-compliance with the rules governing its normal development, “The ruling states say.
The resolution states that: “From the evidence provided and fully set forth in the foregoing consideration, it is possible to infer and consider it proven that: During the early hours of October 25, 2018, Plaintiff, who was personally was complying with precautionary measures in preventive detention in a case brought before the Guarantee Court of Calama, specifically in the facilities of the CDP Calama, a nursing area separated from the rest of the prison population, attacked by two unknown persons, who They used beatings and handcuffs, proceeded to rape her, they also inflicted various types of injuries on her arms and legs and finally left her unconscious due to severe head injuries.