Christian Grollmus confirms filing of civil lawsuit against the State "because it does not provide compensation for victims" of violence

With one-third of the 37 scheduled sessions completed at the Cañete Oral Court for the trial regarding the armed attack on the Grollmus family and the arson attack that destroyed a heritage mill, a museum, a woodshed, and vehicles, the testimony of protected witnesses began this week. In this case, 21 people were accused of having planned the events a year in advance.

The charges brought by the prosecution are for four counts of attempted homicide, arson, robbery with violence, illegal possession of weapons and ammunition, and unjustified shootings. At the time the crimes were committed, on August 29, 2022, three of them were minors.

According to the Public Prosecutor's Office, they are members of the criminal organization Resistencia Mapuche Lafkenche (RML), which at the time claimed responsibility for the events.

In this context, and according to sources linked to the case, the Grollmus family is preparing a lawsuit against the State.

"Failure of service by State institutions"

The legal framework to be used for this compensation action would be that of "failure of service," which is established when public institutions act late, incorrectly, or fail to fulfill their duties, causing harm to individuals or communities. This is governed by the General Bases of State Administration Law and allows for claims for compensation before the courts.

Asked about the scope of the lawsuit his family is preparing, Christian Grollmus stated that "in general terms, unfortunately the State and the judicial system do not have a compensation system in place for victims of violence and terrorism."

He emphasizes that "victims have no choice but to sue the State to demand comprehensive compensation for all material damages; but, above all, for the moral and psychological damages we have suffered."

"Additional strain"

Grollmus, who has already given a statement in the criminal case that lasted five hours, adds that "this means an enormous additional strain, because it involves facing a new trial and a new revictimization." He comments that both he and the other victims of the violent episode perpetrated in the commune of Contulmo, in Arauco, south of Biobío, "broke down when giving our testimony before the judges."

He recounts that even one of the affected individuals, after recounting what they experienced during the attack, fainted and had to be taken to a healthcare facility for stabilization.

However, Grollmus argues that as long as there is no concrete law for victim compensation, those affected must resort to civil lawsuits. "In the absence of mechanisms, it is the system itself that forces us to sue the State, and we must do so without fear," he emphasizes.

The testimony of individuals with protected identities has been questioned by the defenses. Of the 21 accused, 14 are represented by public criminal defender Katherine Valdés, who has repeatedly stated in court that "in this case, there is no objective and reliable evidence linking my clients to the attack" and that the case "is based mainly on statements from protected witnesses."

Source:El Mercurio