Cristopher Estupiñan, legal advisor to the victims of the fall of a train on Line 12 of the Metro de la Ciudad de México Collective Transportation System, said that it will demand the imposition of a fine for 24,500 million pesos to the companies that participated in the construction of this Metro line; as well as the impossibility for them to participate in Public Works.
During the first judicial hearing to charge 10 individuals with the crimes of wrongful death, property damage and wrongful injury, due to the collapse of a part of the elevated stretch of the Line 12 O Gold Line, in which 26 people died, the victims’ lawyer said that the companies seek the creation of a fund that guarantees them that there will be no civil, criminal or administrative actions.
“What does that imply, does it imply saving an oral trial, does it imply saving a civil process in which, on the one hand, the penalty could be a sanction, a fine based on their income, of 24,500 million pesos, or non-participation in the work public, even punitive damages in the civil way, “Estupiñan said at a press conference.
He added that if the CDMX government and the companies want to create a fund to compensate for the damages caused by the fall of the train, it is necessary that the victims participate in the conversations around this fund and that it considers a concept for punitive damages.
“There has to be an exemplary sanction that generates a consequence in the whole industry of the public work, so that this is not repeated and that those who participate are very clear that if they commit negligence there will be a consequence, “he said.
On October 15, during the presentation of the results of the expert opinion on the causes of the collapse of the elevated section of Line 12, the owner of the Mexico City Prosecutor’s Office, Ernestina Godoy, said that in the case of the companies linked to this incident, reparation agreements will be promoted in order to avoid a long criminal process and to guarantee a comprehensive reparation fund for the victims in a timely manner. He added that some companies have already stated that they agree with this purpose.
In this regard, Estupiñan assured that in the investigation folder of the prosecution, to which they had access on Friday, October 22, there is no summons to the companies, something that worries the victims. He assured that they see strong opportunities against the companies that designed the Line.
“It is only a behind-the-scenes approach in which we learned that it already existed when the head of government came out to mention it or when the prosecutor also came out to mention it. The approach has been with them, not with us. So we demand a direct approach because here you have to put things in the balance, “he said.
The legal advisor to those affected by the collapse of the elevated section of Line 12 said that behind the backs of their legal advisers they have been looking for the families of the victims of Line 12, in order that they leave their advice, under the argument that it is not necessary to sue because it will “make the job more complicated.”
“We are not going to complicate the work, what we are going to do is seek complete justice and we are not going to allow impunity nor are we going to allow them to get rid of responsibilities with support or alms,” he said.
This Monday, October 25, the first judicial hearing began against 10 former directors of the Metro and the construction work of Line 12 for the fall of a part of the elevated section of this line, in which 26 people died.