A Santiago judge ruled in favor of the owners of the Antigua Fuente restaurant, formerly Fuente Alemana, ordering the state to pay over $475 million for failing to protect the establishment from vandalism during the social outbreak. The decision underscores the state's responsibility for neglecting public order protection. This first-instance ruling could set precedents for similar cases.
On November 29, the judge of the 24th Civil Court of Santiago decided on the lawsuit filed by the owners of the Antigua Fuente restaurant against the Treasury. The ruling holds the state accountable for failure to provide service, requiring compensation for emerging and moral damages exceeding $475 million. The vandalism attacks occurred repeatedly following the 2019 social outbreak and amid pandemic restrictions, without the state offering necessary protection.
The decision stresses that the incidents were not isolated but extended over time, even as the country regained normality. In the Plaza Italia area, where the establishment is located, Fridays were particularly violent, turning the zone into a sort of 'sacrifice zone' without effective authority safeguards. The Organic Law of General Bases of State Administration stipulates that the state is liable for damages resulting from administrative organs' omissions.
This first-instance ruling acknowledges the state's extracontractual responsibility in security matters, stemming from constitutional mandates and laws outlining its duties in public order. It marks a step toward justice for vandalism victims, recalling the economic and patrimonial impact of the social outbreak, where businesses incurred losses without perpetrators bearing costs. Though not the only ongoing case, it highlights the need to compensate those whose basic rights were violated.