Amotinamiento en el Centro de Rehabilitación Social “CRS Turi” -febrero 2021-: reparación integral a los familiares de las víctimas y la responsabilidad extracontractual del estado ecuatoriano

Abstract

The purpose of this research is to identify the concurrent elements of the responsibility of the Ecuadorian State in the riot that took place in the Social Rehabilitation Centre named "Turi" on 23 February 2021 and the scope of the comprehensive reparation (reparation measures) to the families of the victims of this riot. Therefore, the qualitative method was used to analyse the penitentiary crisis over the last few months, which would lead us to identify the situation of the social rehabilitation system in the country and in the city; In addition, a dogmatic approach will be included that will allow us to have a greater degree of understanding of the principles, foundations and general notions of the extra-contractual responsibility of the State and comprehensive reparation; identifying the content of these from a logical and systematic examination of the information collected in the law, doctrine and jurisprudence. As a result, it was possible to verify that the Ecuadorian State is responsible for the riot in the CRS Turi, as it was possible to identify the three concurrent elements necessary (fact, damage and causal link) to determine its responsibility. In addition, the most appropriate reparation measures for the relatives of the murdered persons were established with the objective that the State should oversee implementing them; therefore, it is also suggested that comprehensive reparation should serve as a preventive tool so that this type of "massacres" do not happen again in our social rehabilitation system