The national and international regulations to which Chile has been bound regarding the treatment that must be provided to people deprived of liberty have been breached.
On May 31, the Court of Appeals of Copiapó in case No. 80-2024 accepted the appeal for protection filed in favor of inmates deprived of liberty, condemned module, of the CCP of the city of Copiapó, instructing the Chilean Gendarmerie that it must urgently adopt all the measures that are necessary to restore the rule of law and ensure the protection of the threatened fundamental right, and must report on the progress in the material conditions of habitability of those protected, especially in the infrastructure problems that They prevent dignified access to health services occupied by these people. He also entrusted the judge of guarantee who is responsible for making the weekly visit to the CCP of this city, to especially supervise the youth section and/or transit module.
It should be kept in mind that the National Institute of Human Rights filed an action for protection in favor of men deprived of liberty, youth section and/or transit module of the Penitentiary Compliance Center of the commune of Copiapó, against the Regional Directorate of Gendarmerie of Chile, Atacama region, in order for the Court to examine the habitability conditions in which the inmates are found in said module, and to order other pertinent measures to protect their rights and guarantees.
The appellant indicated that according to the visit made to said establishment, poor hygienic conditions were evident, including overcrowded conditions, excessive time spent in the section, restricted access to sanitary services, hygienic services in poor condition, among others. aspects.
The Court of Appeals accepted the action in the terms indicated above, noting that the poor prison conditions were verified by the judge of the Copiapó Guarantee Court, Mr. Víctor Manuel Santana Escobar. In addition, the Chilean Gendarmerie recognized the reported deficiencies, which mainly derive from the old construction date of the facility (1966).
Therefore, in the opinion of the Court, the national and international regulations to which Chile has been bound regarding the treatment that must be provided to persons deprived of liberty have been breached. Consequently, in accordance with the respect and preservation of the Human Rights of all people, including those who are deprived of liberty, it cannot give in to arguments such as the old and precarious nature of the prison infrastructure.
Court of Appeals of Copiapó in case No. 80-2024
