At Jana & Gil Dispute Resolution we have an outstanding pro bono practice. We lend our time and expertise to low-income individuals in need of legal assistance, as well as to non-profit social organizations and various groups that promote causes of collective public interest.

Case Study: Proyecto Inocentes

In 2021, our team won a victory in a wrongful imprisonment case before the Supreme Court.

This is the case of Adrián Zarricueta, who came to our lawyers through the Innocents Project program of the Public Defender's Office and the Pro Bono Foundation after spending 79 days in pretrial detention by mistake. In 2013 Mr. Zarricueta was formalized for the crime of robbery with rape, even though he was hundreds of miles away at the time of the crime. His innocence was proven through a late DNA test.

Through an alliance between the Public Defender's Office and Fundación Pro Bono, Adrian's case was taken on by our team, and after a series of instances, the case reached the Supreme Court. The lawsuit was partially accepted by the Court, which considered that there was an unjustified misconduct on the part of the Public Prosecutor's Office in the delay of the DNA test and its presentation to the court. It also ordered the Chilean Treasury to pay 40 million pesos to the affected party for moral damages.

In addition to the compensation for the serious damages suffered by Mr. Adrián, this case is relevant because it also allows public reparation for the serious harm caused to him by being arbitrarily accused of a crime he did not commit.

On the significance of the case, Karen Werner, a partner in our office, said: "We are proud to have collaborated in achieving one of the few precedents in this matter, which will serve to prevent other cases of accusations against innocent people from ending with damages as profound as those suffered by Mr. Adrián".

Read an article about the case published in Las Últimas Noticias.