BMAJ is currently working on a case of wrongful imprisonment derived by the Pro Bono Foundation and part of the “Proyecto Inocentes” program organised by the Foundation and Chile’s Public Criminal Defense Office.
Adrián Zarricueta was held in pretrial detention for 80 days accused of an alleged rape, although he was hundreds of kilometers away at the time of the crime. His innocence was eventually proven by a DNA test.
We have advised Mr. Zarricueta in the presentation of a damages claim against the Treasury, and in the full trial before the Civil Courts of La Serena and the Court of Appeals.
Following an unfavorable ruling in the first instance, the case was upheld on appeal at the La Serena Court of Appeals of La Serena in December 2019, awarding Mr. Zarricueta damages of CLP 80,000,000.00. This outcome has been contested by State in both form and substance, and BMAJ’s litigation team is currently preparing its response, the result of which will dictate whether the matter will be heard in the Supreme Court.
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