Case No. 21-2016: Case of kidnapping with serious injury and illegal detention of Marco Antonio Contardo Guerra

6.- Judicial statements on pages 54 and 68, provided during cross-examinations by the affected party, Marco Contardo Guerra, in which he stated that he recognized the individuals with whom he was cross-examined as those who participated in his kidnapping. (Aracena and Riesco)

7.- Judicial statement on page 112, by witness Juan Carlos Contardo Hogtert, uncle of the victim, who stated that in October 1973, around the 12th, while he was at his mother's house—she was recovering from a surgical procedure performed at the end of September—a patrol with naval personnel arrived to conduct a raid, which had already occurred on other occasions.

It was about 2 in the morning and the patrol arrived at his bedroom and demanded that he get up, to which he refused because he was feverish due to an infection in his stitches. Upon seeing his wound, this was reported to the lieutenant, and faced with this situation and being unable to locate his brother Emilio, they detained his mother, Olga Luisa, and his sister-in-law, Nidia, Emilio's sister.

At one point, one of his nieces came to tell him that they were taking her grandmother and her nephew. At one point, he opened a shutter slightly and saw them putting his mother into a pickup truck. The head of the patrol was there, as well as a detective whom he recognized from before.

It seems to him that he was from Cerro Mesilla and it seems his parents owned a liquor store. The commanding officer, a young lieutenant, and the detective, whose name is Guilfor, got into the front of the truck and began to move.

He spotted Marco Antonio in the back of the truck as they were taking him away. The next day, they went to the Academy to make arrangements with it and with the Naval Prosecutor's Office to obtain the release of his mother, his sister-in-law, and Marco Antonio, who was 15 years old at the time.

All of this was traumatic and shocking. His mother told him that the detective, Guilfor, had been an instigator, as he incited the mistreatment. He also found out that this raid was not intended to take his nephew or his mother, but that it resulted in that due to orders from Guilfor.

Some friends confirmed this to him and that they had shown them some consideration because of the Playa Ancha sector. As a result of this, he requested an interview with Commander Aldoney, who indicated that the procedure had been a mistake regarding the detention of the minor and his mother.

An agreement was reached with this commander, which consisted of restoring his mother's job so that she could retire, in exchange for his sister-in-law and nephews leaving the country. In the cross-examination on page 117 with Guilfor Aracena, he confirms that it was he who participated in the raid when they took his nephew. He saw him when they were getting into the truck.

8.- Judicial statement on page 114, by witness Brígida Contardo Guerra, sister of the victim in the case, who confirmed the version of the affected party, noting that the events occurred in October 1973 when a Navy patrol arrived at her house and took her mother, her grandmother, and Marco Contardo, her brother, who was a minor, into detention.

In the cross-examination on page 118, she ratified her version and identified the person with whom she was cross-examined as one of those who detained them. (Aracena).

11.- Judicial statement of witness Juan Muñoz Gutiérrez, on page 267, who stated that he was able to see Marco Contardo in October 1973 when he was detained at the Naval War Academy and on the ship Lebu.

At the time, Marco was a boy of 14 or 15 years old and was detained along with his mother. He learned—although he did not see it—that Marco was tortured in front of his mother by the sailors, so that he would say where his father, Emilio Contardo, was.

Thirty-ninth: That regarding the ten accused who have been convicted, Ricardo Alejandro Riesco Cornejo is responsible as the perpetrator of the crime of kidnapping with serious injury to the person of Marco Antonio Contardo Guerra, an illicit act in which the illegal detention is subsumed; Guilfor Celin Aracena Rojo as the perpetrator of the crime of illegal detention of Marco Antonio Contardo Guerra; and the accused Alejo Esparza Martínez, Bertalino Segundo Castillo Soto, Sergio Hevia Febres, Valentín Evaristo Riquelme Villalobos, Jaime Segundo Lazo Pérez, Héctor Vicente Santibáñez Obreque, Juan de Dios Reyes Basaur, and Juan Orlando Jorquera Terrazas as perpetrators of the crimes of kidnapping with serious injury to the person of Marco Antonio Contardo Hogtert.

III.- That GUILFOR CELIN ARACENA ROJO, already identified, is convicted as the perpetrator of the crime of illegal detention to the detriment of the victim Marco Antonio Contardo Guerra, an event that occurred on October 12, 1973, in Valparaíso, to the penalty of THREE HUNDRED DAYS of imprisonment in its minimum degree, to the accessory penalty of suspension from public office or position during the time of the sentence, and to the payment of the costs of the case.

Source: Judiciary, April 30, 2019