La Corte de Apelaciones de Santiago ordenó viernes al Estado de Chile pagar una indemnización por daño moral equivalente a 55.000 dólares a 31 de los 33 mineros que en 2010 quedaron atrapados durante más de dos meses en el fondo de una mina, debido a la negligencia de los organismos públicos.
Tras el derrumbe el 5 de agosto de 2010 en la mina San José, en pleno desierto de Atacama, los 33 mineros lograron ponerse a salvo en un refugio al fondo del socavón y las primeras semanas sobrevivieron con un puñado de conservas, unos paquetes de galletas añejas y unos litros de leche.
Si los organismos públicos hubieran cumplido con su obligación de fiscalizar la mina y “la falta de condiciones de seguridad evidentes muchos años antes del derrumbe, los trabajadores no hubiesen terminado enterrados vivos”, señaló el fallo.
La indemnización debe pagarse a 31 de los 33 mineros que estuvieron a atrapados a 600 metros de profundidad durante 69 días. Dos mineros no se sumaron a la acción judicial contra el Estado. Inicialmente una corte inferior había dispuesto el pago de 100.000 dólares a cada uno, pero la Corte de Apelaciones de Santiago lo redujo casi a la mitad.
Tanto el Consejo de Defensa del Estado como los mineros pueden apelar el dictamen, cuya tramitación se ha demorado por causa de la pandemia.
Los dueños de la mina San José, ubicada a 800 kilómetros al norte de Santiago, no pagaron ni un peso a los mineros porque otro juicio señaló que no había suficientes pruebas para culparlos del derrumbe.
“Debe recalcarse que la Mina San José contaba con todas las autorizaciones que le exige la ley para funcionar, a pesar de incumplir de manera reiterada las exigencias” de seguridad para operar, sostuvo el dictamen unánime de los miembros del tribunal de alzada.
Agregó que “se ha acreditado el actuar negligente de los órganos del Estado, la existencia del daño causado y la relación de causalidad entre ellos”.
La corte responsabilizó por su actuar negligente al Servicio Nacional de Minería, a la Secretaría Regional de Salud y a la Dirección del Trabajo.
Las faenas de rescate se suspendieron pocos días después del derrumbe, pero la presión de los familiares obligó a reanudarlas y, 17 días después del accidente, una de las sondas que se introducían en la tierra volvió con un papel arrugado en un extremo que decía: “Estamos bien en el refugio los 33”.
Los mineros fueron rescatados a través de una cápsula especial en la que fueron subidos de a uno a la superficie.
El proceso de búsqueda y rescate llevó a la fama a los 33, se escribió un libro y se filmó una película aunque no recibieron ganancias porque, inexpertos y mal asesorados, cedieron sus derechos. AP
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