Original article: Corte de Santiago confirmó fallo que rechazó demanda por muertes en recital de banda punk «Doom»
The Santiago Court of Appeals upheld the ruling that dismissed a lawsuit filed against the government and the local municipality regarding their potential responsibility for the deaths that occurred during the chaotic entry to the venue hosting the British punk band «Doom» on April 16, 2015.
In a unanimous decision (case role 11.188-2024), the Thirteenth Chamber of the appellate court, comprising Minister Patricio Martínez, Minister Claudia Lazen, and acting attorney Adelio Misseroni, completely affirmed the initial ruling where Judge Cecilia Pastén dismissed the claims of responsibility attributed to the government and Santiago’s municipality due to «lack of service.»
«While it is true that the respective Health Minister has the obligation to verify compliance with safety and hygiene measures in public areas where mass events occur, it is evident that ensuring these measures falls upon the owners or responsible parties of the respective events and/or public venues,» the foundational ruling states.
The resolution adds that considering particularly «the evidence established in the criminal process which convicted the individual responsible for the production company that organized the musical event, and the facts noted earlier, there is no appreciable and substantiated failure by the authorities being sued.»
«Firstly, with regards to the Municipality of Santiago, it is clear that the venue had the necessary permits to operate as both a cabaret and a nightclub; secondly, regarding both defendants, a thorough inspection of the venue could not be demanded, since it has been established that the location of the event changed on the very day, and it would be unreasonable to expect the authority to supervise an occurrence that happened spontaneously and was only communicated via social media without formal notification to the authorities,» the ruling continues.
Meanwhile, regarding the lack of security from the Carabineros (police), the court noted that police personnel did respond to the event, «but had to flee the scene due to being outnumbered and facing threats to their safety from some attendees of the musical event.»
«It is important to add that, although not all, certain individuals who attended the concert acted violently, and given their large numbers, it can be presumed that this may have impacted the ability of the initial responding officers to control the disorder,» detailed the court.
For all the reasons above, the ruling reaffirms that neither of the defendants «had a direct impact on the tragic deaths of the claimants’ children, since, ultimately, the potential inaction of the government or the Municipality of Santiago was not the direct cause of the deaths of the young concertgoers,» concludes the ruling.
The Citizen
