The Supreme Court confirmed this Tuesday the resolution of the Court of Appeals of San Miguel that accepted an amparo appeal in favor of inmates of the San Miguel prison, where the health conditions in which a group of women were held were reproached , a situation that became evident after the death of one of them on January 30.
In a unanimous decision, the criminal chamber of the highest court rejected the appeal of the CDE -on behalf of the Gendarmerie of Chile- and ratified the ruling that accepted the legal action filed by the North and South Metropolitan Regional Ombudsmen, and which orders that the prison entity must arrange for the presence 24 hours a day of -at least- one doctor for the evaluation and care of the inmates, and referral, where appropriate, to relevant hospital centers when required.
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In this way, the Gendarmerie must also ensure the presence of a gynecologist at least once a week; acquire all the necessary elements for the first emergency care of the inmates; and adapt the emergency protocols, modifying the measures that were in force until today and ending the sporadic visits of health personnel to the site, a situation that caused one of the women to die due to not receiving timely medical care.
According to the head of the Court Unit, Claudio Ironthe ruling “is very important, especially on a day like today, March 8, because this ruling is deduced based on the death of a woman who was deprived of liberty and who did not receive due care in the time that she required it.”
“That is why this protection action is lifted in favor of another 41 defendants. It seems to us that it is relevant because the Supreme Court continues with a forceful line regarding sentences with a marked gender focus, ”said the lawyer.
