The First Civil Courtroom of Rancagua ordered the Treasury to pay a complete compensation of $90,000,000 for ethical damages to Jertrudis Yolanda Mella Correa, Patricia Mella Correa and Juan Raúl Lorca Muñoz, who have been detained by Carabineros officers from San Fernando and tortured within the metropolis’s jail and police station between October and November 1973.
In his ruling, Decide Andrés Fraser Pinto rejected the exceptions to full reparation and prescription filed by the Treasury, after establishing that the Mella Correa sisters and Lorca Muñoz have been victims of crimes towards humanity, that are imprescriptible each in legal and civil courts.
It states that “To then try and make relevant the principles of the establishment of prescription established in our Civil Code, would indicate violating the worldwide regulation of warfare crimes and crimes towards humanity. Consequently, in accordance with the scenario at hand and contemplating that the actual fact of making use of the prescription contemplated by non-public regulation would indicate the violation of the worldwide norms broadly indicated, which might additionally trigger the provisions of article 38, paragraph two of the Basic Constitution to be rendered ineffective, there is no such thing as a selection however to reject the exception of prescription raised by the Treasury, each from the angle of the prescription of crimes or quasi-crimes contained in article 2332 of the Civil Code and from the angle of the prescription established in article 2515 of the aforementioned normative physique”, the ruling maintains.
For the court docket, though the documentary proof supplied by the plaintiffs “doesn’t present any proof that accounts for the background of the detentions suffered by these three plaintiffs, their traits, and the abuses suffered throughout stated intervals of detention, past the assertion of the victims themselves in regards to the occasions made earlier than knowledgeable within the subject of psychology, the reality is that, as said, the Chilean Treasury has not disputed any of the details set forth concerning the detentions suffered by the three actors, the instances wherein they occurred, the length of every of them, and the abuses suffered throughout stated occasion, subsequently, what is acceptable on this case is to research the entity of the alleged and invoked harm and its consequent compensation.”
That is the way it has been attainable to ascertain the existence of injury from a non-patrimonial perspective or additionally referred to as ethical harm in doctrine and jurisprudence, which has its origin exactly within the humiliations and illnesses suffered by the plaintiffs because of their detentions in the course of the interval of the Navy Coup d’Etat, inflicting the aforementioned post-traumatic stress, which can’t be ignored when figuring out the existence of ethical harm. As well as, the interview report issued by the PRAIS program skilled exhibits that within the case in query the lives of the actors have been affected by the conditions,” she provides.
Thus, the declare filed by Jertrudis Yolanda Mella Correa, Patricia Mella Correa and Juan Raúl Lorca Muñoz was accepted, insofar as it’s declared that the Chilean Treasury is civilly responsible for the occasions of which the actors have been victims, as already said, and the defendant should pay compensation for damages for extra-contractual legal responsibility for ethical harm consisting of the next sums: With respect to Jertrudis Yolanda Mella Correa, the sum of $30,000,000. With respect to Patricia Mella Correa, the sum of $30,000,000 and, with respect to Juan Raúl Lorca Muñoz, the sum of $30,000,000.
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