THE Spanish State has been sentenced to pay €547,000 in compensation to a man who was punched in prison by another inmate and is now disabled.
The Supreme Court finds that the court has subsidiary civil liability for not ensuring that the Dueñas prison in Palencia did everything possible to avoid the attack.
The Supreme Court accepted the appeal presented by the private prosecution on behalf of the victim and his sister, who is now his caregiver, as he needs help for all essential daily tasks. She had to move house from another town so she could take care of him.
He is unable to wash or dress himself, requires nappies, and needs a walker to get around, making it impossible for him to climb stairs.
A court in Palencia had sentenced the attacker to three years in prison for causing bodily harm and to pay the compensation, but had acquitted the State, considering that the attack was unpredictable and beyond anyone’s control. It was a rapid attack consisting of a single blow, with no weapons or dangerous objects.
The Supreme Court took into account that the attack took place in a communal area when inmates were heading for their cells so organisation and surveillance are particularly important and it is not proven that all measures were taken to prevent the attack, especially since the two men had previously been involved in an argument.
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