the senator Fabiola Campillay (IND) replied in court to the State Defense Council (CDE), an organization that requested to reject a civil lawsuit filed by the legislator and her family against the State, for non-pecuniary damage. Campillai pointed out that “there is no amount of money that fully replaces or compensates for the pain.”
Let us remember that Campillai asks for compensation that exceeds $2 billion pesos. This, due to the impact that she suffered from a tear gas canister – fired by Carabineros personnel – during the social outbreak, which left her with loss of bilateral vision and the senses of taste and smell.
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According to ThirdThe lawyer Maria Alejandra ArriazaCampillai’s representative, indicated that despite the fact that the CDE acted as a plaintiff against the person accused of firing the tear gas canister – the former Carabineros sergeant, Patrick Maturana-, pointing out that “the police response in some cases was not adjusted to the law”, the Treasury would be ignoring this.
Campillai asks to dismiss the arguments presented by the CDE, among which is the following: “The violence applied by various antisocial groups was intense and sustained aggressive in many of the incidents. Based on this situation, the police institutions had to activate all the competencies and powers granted by the legal system to deal with this reality.”
In the reply, Campillai pointed out that “we are concerned that the body that represents the State in this case, tries to provide a context, that seeks to justify the actions of its agents who, in the exercise of their functions, have caused so much damage to thousands of residents and their families, as is the case with the plaintiffs”.
The legislator alluded that in March 2021 “there were more than 8,000 victims of state violence and more than 400 people with eye injuries, according to figures provided by the Public Ministry and the National Institute of Human Rights.”
“This should not be ignored, there is a duty of the State of Chile to comply with its obligation to establish the truth, do justice, fully repair according to international standards and provide guarantees of non-repetition,” he emphasized.
“There is no sum of money that fully replaces or compensates for the pain and damage that Doña Fabiola Campillai Rojas experiences, her vital project and that of her family has totally changed,” the document states on the amount of compensation required by the complainant.
“Although it is true that it is difficult to estimate non-pecuniary damage, since there is no sum of money that can compensate or satisfy the direct victim of the facts described, in the present case it is even more difficult, since I dare to point out that there is no a similar case in our jurisprudence, which allows us to have as a precedent in which the non-pecuniary damage covers such an entity or that is comparable to the consequences suffered by Mrs. Fabiola Campillai Rojas, “adds the text.
