The minister for extraordinary human rights cases of the Court of Appeals of Temuco, Álvaro Mesa Latorre, issued a new indictment against the former Renovación Nacional (RN) deputy, former appointed mayor of the Chillán commune, and former Army officer, Rosauro Martínez Labbé, in the case investigating the repressive events that occurred from mid- to late 1981 in the town of Neltume, Panguipulli commune, Valdivia province.

The criminal acts were perpetrated by repressive units of the CNI and Army commando forces that were deployed to dismantle and annihilate the members of the Toqui Lautaro Guerrilla Detachment, promoted by the Movimiento de Izquierda Revolucionaria (MIR), which was carrying out resistance activities against the dictatorship in the mountains of the Valdivian Andes.

Units of the Special Forces Battalion, based in Llancahue, Valdivia, participated in the extermination operations, in particular the 8th Commando Company commanded by the then-Army captain Rosauro Martínez Labbé.

In addition, CNI units headed by the "Rojo" group, which came from Santiago and specialized in the persecution of MIR militants, were mobilized for the annihilation operations, along with the Anti-Terrorist Unit, also from the capital. They were joined by CNI personnel from regional units in the south and Carabineros from various units located in the mountain towns.

In this latest resolution, the minister indicted Martínez Labbé as the author of the crime of qualified homicide, as a crime against humanity, of the MIR militants Raúl Rodrigo Obregón Torres, executed on September 13, 1981; Pedro Juan Yáñez Palacios, executed on September 16, both in the Pasas sector; and Julio César Riffo Figueroa and René Eduardo Bravo Aguilera, murdered in the Cachín Alto sector on September 21 of that year.

Regarding these last two victims, it should be noted that they had been detained by Carabineros at the end of August and handed over to the CNI, whose criminal units subjected them to brutal torture in secret barracks in the city of Valdivia.

They were then taken to Santiago to continue the abuse at the CNI's Borgoño barracks, and upon being returned to the south, they were tortured at the facilities of the Termas de Liquiñe, which had been converted into a clandestine center for political imprisonment and torture for the objectives of this extermination operation in the mountain zone.

The now-former right-wing deputy was previously indicted in this same case as the author of the qualified homicides of MIR militants Patricio Alejandro Calfuquir Henríquez, Próspero del Carmen Guzmán Soto, and José Eugenio Monsalve Sandoval, executed on September 20 in the Remeco Alto sector.

This previous indictment was issued in September 2014 after the plaintiffs requested, and the courts of justice decreed, the removal of the parliamentary immunity of the then-sitting deputy of the right-wing political party.

Due to the aforementioned previous indictments, the accused Rosauro Martínez Labbé enjoys the benefit of provisional release on bail. The minister has terminated this benefit and ordered total house arrest for the accused former officer.

In the recent resolution, Minister Mesa Latorre issued an indictment against three other individuals involved in the aforementioned criminal acts. He indicted the former operational chief of the CNI's Anti-Terrorist Unit (UAT) and former Army officer Conrado Vicente García Giaier as the author of the qualified homicide, as a crime against humanity, of MIR militant Juan Ángel Ojeda Aguayo, committed on November 27, 1981, in the Quebrada Honda sector near Puerto Fuy.

This individual also faces previous indictments in this case. He is charged with the qualified homicides of Pedro Juan Yáñez Palacios, Patricio Alejandro Calfuquir Henríquez, Próspero Guzmán Soto, José Eugenio Monsalve Sandoval, Julio César Riffo Figueroa, and René Eduardo Bravo Aguilera.

As in the case of Rosauro Martínez, the minister terminated the provisional release that benefited the accused García Giaier and, in its place, ordered total house arrest.

Furthermore, he issued an indictment against the former Army non-commissioned officer and former member of the 8th Commando Group of Llancahue, Julio Mariano Araki Tepano, as the author of the qualified homicide of the victims murdered in Remeco Alto: Patricio Calfuquir Henríquez, Próspero Guzmán Soto, and José Monsalve Sandoval.

Finally, the minister indicted former Carabineros non-commissioned officer Paulino Flores Rivas as the author of the qualified homicide of MIR militant Miguel Cabrera Fernández, perpetrated on October 15, 1981, in the town of Choshuenco in the same mountain region.

Given certain special conditions, the minister also decreed—for now—the precautionary measure of total house arrest for these last defendants.

by Darío Núñez

Source: resumen.cl, December 28, 2022

Minister Mesa indicts three military personnel and one retired Carabineros officer for qualified homicides in Neltume in 1981

The minister for extraordinary human rights cases for the jurisdictions of Temuco, Valdivia, Puerto Montt, and Coyhaique, Álvaro Mesa Latorre, submitted to trial the then-Army captains Rosauro Martínez Labbé and Conrado Vicente García Giaier; retired Army corporal second class Julio Mariano Araki Tepano; and retired Carabineros sergeant first class Paulino Flores Rivas, as authors of the crime of qualified homicide in Neltume in 1981.

The minister for extraordinary human rights cases for the jurisdictions of Temuco, Valdivia, Puerto Montt, and Coyhaique, Álvaro Mesa Latorre, submitted to trial the then-Army captains Rosauro Martínez Labbé and Conrado Vicente García Giaier; retired Army corporal second class Julio Mariano Araki Tepano; and retired Carabineros sergeant first class Paulino Flores Rivas, as authors of the consummated crime of qualified homicide of Rodrigo Obregón Torres, Pedro Juan Yáñez Palacios, Patricio Alejandro Calfuquir Henríquez, Próspero del Carmen Guzmán Soto, José Eugenio Monsalve Sandoval, René Eduardo Bravo Aguilera, Juan Ángel Ojeda Aguayo, Julio César Riffo Figueroa, and Miguel Cabrera Fernández. These crimes were perpetrated in the town of Neltume, Panguipulli commune, in 1981.

In the resolution (case file 1675-2003), Minister Mesa Latorre placed the defendants under the precautionary measure of total house arrest, mainly in consideration of the age of the former uniformed personnel and the health situation in the country.

"Given the merit of the background information, from which it is clear that the freedom of the defendants constitutes a danger to the security of society; taking into account, also, the probable legal sanction for the crimes in which they are attributed participation; and in view of the provisions of Article 363 of the Code of Criminal Procedure, the benefit of provisional release will not be granted to them," the ruling states.

During the investigation stage of the case, the visiting minister managed to gather sufficient evidence to establish the following facts:

"

A)

That during the month of March 1979, a group of Chilean exiles belonging to the Movimiento de Izquierda Revolucionaria (MIR), who were residing in Europe, decided to create a guerrilla front in the southern zone of Chile.

To this end, they met in Paris at the end of 1980, traveling from Madrid to Argentina and entering our country, specifically the Neltume area, through unauthorized border crossings, creating the group called the 'Toqui Lautaro Guerrilla Detachment.' In this place, they began a period of logistical work and military preparation, constructing shelters for the purpose of keeping their food, weapons, and clothing protected [as stated in the declaration of Jorge Enrique Durán Delgado on page 536 (Volume I), the declaration of Jorge Antonio Acuña Reyes on page 542 (Volume I), page 1,982 (Volume V), among other evidence].

B)

That the local residents noticed this situation and reported it to the Carabineros of the Neltume Station, in the current Los Ríos region, so in the month of June 1981, a group composed of personnel from the 8th 'Llancahue' Special Troops Commando detachment, under the instruction of Captain Rosauro Martínez Labbé, went to that sector for the purpose of verifying whether the reports received were real or false.

C)

That subsequently, on June 26, 1981, this group in charge of checking the area discovered one of the camps created by the members of the aforementioned Detachment and decided to raid it. As a result of this military operation, the Detachment group split up, and the Army seized some of the belongings found in their shelters (maps, passports, food, weaponry) [according to evidence on page 1092 (Volume III), among others].

D)

That from that moment, the military operation led by Captain Rosauro Martínez Labbé officially began, which had as its objective the annihilation of the members of this group of young guerrillas. The following military and Carabineros units participated in this operation: Rancagua Aviation Regiment; 8th Commando Company Special Troops; Valdivia Carabineros Prefecture, and all its dependent units (as stated in Army IV Division Official Letter No. 3560/112/1184, which sends the secret order on page 828 and page 829, Volume II).

E)

That during the second fortnight of August 1981, and with the object of reinforcing the battalion led by Rosauro Martínez Labbé, the Anti-Terrorist Unit of the Central Nacional de Informaciones (CNI) arrived in the conflict zone, made up of approximately 15 uniformed personnel, and under the command of Captain Conrado Vicente García Giaier.

By this date, the units from Santiago and Valdivia of the Central Nacional de Informaciones, as well as its 'Rojo Group,' which was under the command of Chilean Army Captain Enrique Erasmo Sandoval Arancibia, were already attached to the battalion commanded by Rosauro Martínez Labbé (as stated in Army IV Division Official Letter No. 3560/112/1184, which sends the secret order on page 828 and page 829, Volume II).

F)

That in this context, and also having to keep in mind the inclement weather and scarce food that caused health problems for the young people belonging to the 'Toqui Lautaro guerrilla detachment' group, the following situations occurred:

1) That on August 30, 1981, Julio Riffo Figueroa and René Bravo Aguilera, while resting after being fed by locals Pedro Morales and Julia Navarro, were detained by a patrol composed of three Carabineros officers from the Malalhue Station in the Huellahue sector.

After their detention, they were sent to Valdivia, specifically to the Las Ánimas Station. There, they were interrogated by Carabineros from the OS7 of Santiago. Subsequently, Julio Riffo Figueroa and René Bravo Aguilera were transferred to the Borgoño Barracks in Santiago, belonging to the Central Nacional de Informaciones (CNI), where they were tortured and interrogated.

On September 16, 1981, Julio Riffo Figueroa and René Bravo Aguilera were again transported to the conflict zone, particularly to Neltume, for the purpose of being used by the battalion in charge of Rosauro Martínez Labbé in the search for the other guerrilla camps and their members.

Finally, on September 21, 1981, they were executed, with the cause of death for René Bravo Aguilera being listed as a gunshot wound to the cranium and thorax, and for Julio Riffo Figueroa as a gunshot wound to the cranium.

2) That Pedro Juan Yáñez Palacios, in the course of his journey, suffered gangrene in his feet, for which he had to be left by his companions in the hollow of a tree with a rifle. However, due to the strong smell of medicine he was emitting, he was detected by the group of soldiers from the 8th Llancahue Commando—which also included Conrado García Giaier—who were monitoring the area, and they killed him, his precise cause of death being a gunshot wound to the cranium [according to death certificate page 188 (Volume I) and page 666 (Volume II); page 624 (Volume II), death report; autopsy report page 670 (Volume II); declaration of Erasmo Sandoval page 1941 (Volume IV), among other evidence].

3) That as a result of the information provided by the detainees Julio Riffo Figueroa and René Bravo Aguilera regarding the meeting place and the password, a group of soldiers, including Jerez Prussing and Enrique Sandoval Arancibia—already indicted in this case—and others from the 8th Llancahue Commando under the command of Rosauro Martínez Labbé, managed to find and kill Raúl Rodrigo Obregón Torres on September 13, 1981, when he was going to meet his companions, his precise cause of death being a gunshot wound to the neck and thorax [according to death certificate page 187 (Volume I) and page 654 (Volume II); report page 624 (Volume II); autopsy report page 671 (Volume II) and 1074 (Volume III); declaration of Enrique Sandoval page 1863 (Volume IV); page 2055 (Volume V); page 2118 (Volume V); declaration of Aquiles González page 3887 (Volume VII), among other evidence].

4) That approximately in mid-1981, one of the young men, Juan Ángel Ojeda Aguayo, arrived at the house of a relative named Isaías Aguayo Márquez, located in the 'Quebrada Honda' sector, in the vicinity of the town of Neltume, Panguipulli, staying in that place on repeated and discontinuous occasions where he went to look for food.

On November 28, 1981, a group of Army and Carabineros personnel stationed in the Neltume sector approached the mentioned house, where, after urging the residents to leave their home, Juan Ángel Ojeda Aguayo came out, where he was shot down by a group of soldiers who fired multiple shots at him, resulting in a gunshot wound to the cranium and face, in addition to multiple gunshot wounds to the neck and thorax with rupture and explosion of organs and gunshot wounds to the lower extremities, which caused his death [according to page 848 (Volume II), report accounting for the death; page 872 (Volume II) autopsy report; page 874, 919 (Volume II), page 1274 (Volume IV), death certificate; declaration of Jorge Farías Silva page 880 (Volume II); declaration of Rita Yolanda Jaramillo page 988 (Volume II) and 1592 (Volume IV); of Isaías Aguayo Márquez page 2.029 (Volume V); Carabineros official letter of January 1982, page 918 (Volume II), among other evidence].

5) That Patricio Alejandro Calfuquir Henríquez, Próspero del Carmen Guzmán Soto, and José Eugenio Monsalve Sandoval arrived at the house of Mrs. Floridema Jaramillo, in Remeco Alto, who provided them with food and immediately took actions to report them to the Carabineros, which was ultimately achieved by sending her son Juan Carlos Henríquez Jaramillo, who went on horseback to the Neltume Station to report this fact.

Together with Carabineros, they headed back to her home, and upon passing in front of the Remeco school, they notified soldiers who were in a camp in the area, who in turn gave notice by radio: that upon returning to the house, there were Carabineros stationed in various places, around four, but at the same time Captain Rosauro Martínez Labbé arrived accompanied by at least two lower-ranking soldiers—among them Corporal 2nd Class JULIO ARAKI TEPANO—who, after urging the guerrillas to leave the house, fired against the property until it was practically unusable, as a result of which Patricio Calfuquir Henríquez, Próspero Guzmán Soto, and José Eugenio Monsalve Sandoval were killed. Subsequently, a large military contingent arrived that continued with the operation and the transport of the deceased guerrillas, with the following being indicated as the cause of death in the autopsy protocols: according to page 1075 for Patricio Calfuquir, the precise cause of death was five through-and-through gunshot wounds to the thorax and abdomen, complicated by rupture and explosion of organs and viscera, and the shots presented characteristics of having been fired from a long distance with automatic weapons of large caliber; on page 1076 regarding Próspero del Carmen Guzmán Soto, the precise cause of death was twenty-eight through-and-through gunshot wounds to the thorax, abdomen, and extremities, complicated by rupture and explosion of organs, viscera, and comminuted fractures, with the shots having characteristics of having been fired from a long distance with automatic weapons of large caliber; on page 1079 and in relation to José Eugenio Monsalve Sandoval, the precise, necessary, and immediate cause of death: (4) through-and-through gunshot wounds to the cranium, thorax, and abdomen, complicated, with rupture of organs and viscera, from shots at long distance, with automatic weapons of large caliber.

6) Miguel Cabrera Fernández, known as 'El Paine' and who was the leader of the group, died in the town of Choshuenco on October 15, 1981, in an alleged confrontation with Carabineros belonging to the staff of the station of that town.

His precise, necessary, and immediate cause of death indicates 'Through-and-through gunshot wound to the neck and thorax, anteroposterior, complicated by rupture of blood vessels and the left lung.' Official letter sending the corpse to the morgue page 751 (Volume II); Carabineros report on death page 749 (Volume II); Declaration at the prosecutor's office by Paulino Flores Rivas page 753 (Volume II); declaration at the prosecutor's office by Hernando Jara Valenzuela page 753 (Volume II); background on Miguel Cabrera from page 830 to 841 (Volume II); Autopsy report page 755 (Volume II); death certificate page 919 (Volume II); declaration of Héctor Rivas Bravo page 842 (Volume II); declaration of Dagoberto Pineda Troncoso from page 1055 to 1584 (Volume IV).

G)

That in events 1 through 4, Rosauro Martínez Labbé participated in his capacity as Captain, who at the time of the events held the position of Commander of the 8th Commando Company, of the 'Llancahue' Battalion, dependent on the IV Army Division, a company that was directing the operation in Neltume during the entire period it lasted.

The aforementioned Captain Martínez was in charge of organizing the different groups that were mobilized through the sector, providing weaponry and giving instructions, among which it was highlighted that 'They were at war' and that 'upon seeing any man with the characteristics of a guerrilla, one should shoot to kill' [according to declarations on page 3153, page 3155, page 3180, page 3182, page 3219, page 3185, page 3350, page 3355, page 3368, page 3385, page 3400, page 3478 (Volume VI), page 3616 (Volume VII) among many others; documents on page 1085 (Volume III) and following, 1286 (Volume IV) and following, 2338 (Volume V) and following].

H)

That among the members of the 8th Commando Company that was collaborating with the operations commanded by Captain Martínez was Corporal 2nd Class Julio Araki Tepano, who was part of the reconnaissance group and, among his participation in the search and detention tasks of the guerrillas, was in charge of giving notice to the group leader, Lieutenant Iván Fuentes Sotomayor, that they had discovered a guerrilla base [page 2488 (Volume V), page 2583 (Volume VI), page 3605 (Volume VII), page 3350 (Volume VI), page 3353 (Volume VI), page 3355 (Volume VI) among other evidence].

I)

That the Anti-Terrorist Unit of the Central Nacional de Informaciones (UAT), directed by Captain Conrado García Giaier, also formed a fundamental part of this operation. He participated actively in the search, detention, and subsequent death of some of the mentioned victims, which is also accredited in the indictment orders on pages 2.046, 2.050, and 2.052 (Volume V) (confirmed by the Illustrious Court of Appeals of Valdivia according to page 2.169 (Volume V) [declarations of Luis Bascur Gaete page 1500 (Volume IV); of Carlos Leonardo Ruiz Iturra page 2.398 and page 2.431 (Volume V); of Carlos Cesar Cisternas Cofré page 2.401 (Volume V); service record page 2324 to 2330 (Volume V); police report page 2.387 (Volume V), among other evidence].

J)

That in the event related in numeral 6, Carabineros from Choshuenco participated, specifically Sergeant First Class Paulino Flores Rivas and Corporal First Class Hernando José Jara Valenzuela [deceased, page 7.278 (Volume XV)], who classified the situation as a confrontation.

According to what was indicated by the Carabineros report that accounts for this situation, Carabineros from Choshuenco received the report that there were 3 suspicious men, dressed in military uniform, for which they went to the sector that had been indicated to them, and upon arriving, they encountered a man wearing an olive green uniform, and further back, 2 others were walking who were dressed in the same way.

Upon giving the order to stop, they did not obey, and the first of them, according to the police report on page 749 (Volume II), pulled out a pistol with which he pointed at the Carabineros personnel, firing a projectile that did not go off, at which moment the personnel took the opportunity to repel and..."

attack using their service weapons. One of the projectiles struck his right leg and another his right side in the neck, exiting through his back, which caused his death instantaneously. The two remaining individuals fled without being caught by the personnel who pursued them.

However, a study of the records reveals that such a confrontation did not actually occur and that said weapon was not turned over to the respective authority [according to records on page 6,826 (Volume XIV), among others].

K)

That in all reports accounting for the deaths of the members of the ‘Toqui Lautaro Detachment,’ it is mentioned that they died as a result of confrontations, which is implausible, since one cannot ignore the unequal and deteriorated condition in which the members of the ‘Toqui Lautaro’ group found themselves, not only in terms of weaponry and training, but mostly in their physical condition, recalling that the victims were in a state of malnutrition and one of them even had part of his foot amputated.

The disproportion in the use of force by State agents was evident, as they could have simply apprehended the members of the group without needing to execute them.”

Source: pdju.cl, January 16, 2023

Judge Mesa indicts two retired military officers for qualified homicides in Neltume in 1981

The minister on extraordinary assignment for human rights violation cases for the jurisdictions of Temuco, Valdivia, Puerto Montt, and Coyhaique, Álvaro Mesa Latorre, has indicted retired Army Major Sergio María Canals Baldwin and retired Army Lieutenant Luis Arturo Sanhueza Ross as perpetrators of the consummated crime of qualified homicide of: Rodrigo Obregón Torres, René Eduardo Bravo Aguilera, Julio César Riffo Figueroa, and Juan Ángel Ojeda Aguayo.

These crimes were committed in the locality of Neltume, Panguipulli commune, in 1981.

In the resolution (case file 1675-2003), Judge Mesa Latorre ordered the preventive detention of Canals Baldwin and Sanhueza Ross, in consideration of the nature of the crime and the sentence they face for their responsibility in the crime against humanity.

“Given the merit of the evidence, from which it is clear that the freedom of the accused constitutes a danger to the safety of society; taking into account, also, the probable legal sanction for the crimes in which they are attributed participation; and having seen the provisions of Article 363 of the Code of Criminal Procedure, the benefit of provisional release will not be granted to them,” the resolution states.

“Having knowledge that the accused are currently being held at the ‘Colina I’ Penitentiary Center of the Gendarmería de Chile, serving sentences for crimes investigated by another court, the preventive detention order is suspended until the completion of said sentence, and they shall be admitted at the appropriate time,” the sentence concludes.

During the investigation stage, Judge Álvaro Mesa gathered sufficient evidence to establish the following facts:

A)

That during the month of March 1979, a group of Chilean exiles belonging to the Revolutionary Left Movement (MIR), who were residing in Europe, decided to create a guerrilla front in the southern zone of Chile.

To this end, they met in Paris at the end of 1980, traveling from Madrid to Argentina and entering our country, specifically the Neltume area, through unauthorized border crossings, creating the group called the “Toqui Lautaro guerrilla detachment.” In this location, they began a period of logistical work and military preparation, constructing shelters for the purpose of keeping their food, weapons, and clothing protected. (as recorded in the statement of Jorge Enrique Durán Delgado on page 536 (Volume I), the statement of Jorge Antonio Acuña Reyes on page 542 (Volume I), page 1,982 (Volume V), among other records)

B)

That the local residents noticed this situation and reported it to the Carabineros at the Neltume Station, in the current Los Ríos region, so in the month of June 1981, a group composed of personnel from the No. 8 “Llancahue” Special Forces Commando detachment, under the instruction of Captain Rosauro Martínez Labbé, went to that sector for the purpose of verifying whether the reports received were real or false.

C)

That subsequently, on June 26, 1981, this group tasked with checking the area discovered one of the camps created by the members of the aforementioned Detachment and decided to raid it. As a result of this military operation, the Detachment group split up, and the Army seized some of the belongings found in their shelters (maps, passports, food, weaponry). (according to records on page 1092 (Volume III), among others)

D)

That from that moment, the military operation officially began, led by Captain Rosauro Martínez Labbé, which had as its objective the annihilation of the members of this group of young guerrillas, with the following military and Carabineros units participating in this operation: Rancagua Aviation Regiment; No. 8 Special Forces Commando Company; Valdivia Carabineros Prefecture, and all its dependent units. (as recorded in Army IV Division Official Letter No. 3560/112/1184, sending the secret order on page 828 and page 829, Volume II).

E)

That during the second half of August 1981, and with the objective of reinforcing the battalion led by Rosauro Martínez Labbé, the Anti-Terrorist Unit of the National Intelligence Center (CNI) arrived in the conflict zone, composed of approximately 15 uniformed personnel, and under the command of Captain Conrado Vicente García Giaier.

By this date, the units from Santiago and Valdivia of the National Intelligence Center, as well as its “Red Group,” which was under the command of Chilean Army Captain Enrique Erasmo Sandoval Arancibia, were already attached to the battalion commanded by Rosauro Martínez Labbé.

F)

That in this context, and also keeping in mind the inclement weather and scarce food that caused health problems for the young people belonging to the “Toqui Lautaro guerrilla detachment” group, the following situations occurred:

1) That on August 30, 1981, Julio Riffo Figueroa and René Bravo Aguilera, at a time when both were resting after being fed by locals Pedro Morales and Julia Navarro, were detained by a patrol composed of three Carabineros officers from the Malalhue Station in the Huellahue sector.

After their detention, they were sent to Valdivia, specifically to the Las Ánimas Station. There, they were interrogated by the OS7 Carabineros from Santiago. Subsequently, Julio Riffo Figueroa and René Bravo Aguilera were transferred to the Borgoña Barracks in Santiago, belonging to the National Intelligence Center (CNI), where they were tortured and interrogated.

On September 16, 1981, Julio Riffo Figueroa and René Bravo Aguilera were transported back to the conflict zone, particularly to Neltume, for the purpose of being used by the battalion under the command of Rosauro Martínez Labbé in the search for the other guerrilla camps and their members.

Finally, on September 21, 1981, they were executed, with the cause of death for René Bravo Aguilera listed as “Craniocerebral and thoracic gunshot wound” and for Julio Riffo Figueroa as “Craniocerebral gunshot wound.” (as recorded, among other records, in the statements of Adrián Ewaldo Porras Riffo on page 1, page 15 (Volume I), page 1292 (Volume IV); of Juan Pablo Cea Villalabeitia on page 679 (Volume II); of José Antonio Mora Sanchez on page 680 (Volume II); of Renato Cortés Muñoz on page 681 (Volume II); of José Andrés Vial Martínez on page 682 (Volume II); of Jaime Patricio Martínez Fuentes on page 687 (Volume II); of Luis Alberto Jerez Prussing from page 1024 to page 1029 (Volume III); of Renzo Eugenio Gattavara Ghillino from page 1183 to page 1184 (Volume III); Death certificate of Julio César Riffo on page 12 (Volume I), page 658 (Volume II), 1273 (Volume IV). Report on page 624 (Volume II). Death record of Julio César Riffo on page 26 (Volume I). Autopsy report of Julio César Riffo on page 674 (Volume II); Official Letter No. B-4 2114 of September 22, 1981, from page 684 to 685 (Volume II), which accounts for the death of Julio César Riffo and René Bravo; Decree 3336 of September 8, 1981, recording the arrest of Riffo and Bravo at CNI facilities on page 798 (Volume II); Decree 3370 of September 12, 1981, extending the detention of Riffo and Bravo on page 799 (Volume II); Death certificate of René Eduardo Bravo Aguilera on page 12 (Volume I), page 662 (Volume II), and page 1272 (Volume IV); death record of René Eduardo Bravo Aguilera on page 26 (Volume I); Autopsy report of René Eduardo Bravo Aguilera on page 673 (Volume II))

2) That Pedro Juan Yáñez Palacios, in the course of his journey, suffered gangrene in his feet, for which he had to be left by his companions in the hollow of a tree with a rifle; however, due to the strong smell of medicine he was emitting, he was detected by the group of soldiers from the No. 8 Llancahue Commando—also including Conrado García Giaier, who was monitoring the area—who killed him, his precise cause of death being a craniocerebral gunshot wound. (according to death certificate page 188 (Volume I) and page 666 (Volume II); at page 624 (Volume II), death report; Autopsy report page 670 (Volume II); Statement of Erasmo Sandoval on page 1941 (Volume IV), among other records)

3) That as a result of the information provided by the detainees Julio Riffo Figueroa and René Bravo Aguilera regarding the meeting place and the password, a group of soldiers, including Jerez Prussing and Enrique Sandoval Arancibia—already indicted in this case—and others from the No. 8 Llancahue Commando under the command of Rosauro Martínez Labbé, managed to find and kill Raúl Rodrigo Obregón Torres on September 13, 1981, when he was going to meet his companions, his precise cause of death being a cervicothoracic gunshot wound. (according to death certificate page 187 (Volume I) and page 654 (Volume II); report page 624 (Volume II); autopsy report page 671 (Volume II) and 1074 (Volume III); Statement of Enrique Sandoval on page 1863 (Volume IV); page 2055 (Volume V); page 2118 (Volume V); Statement of Aquiles González on page 3887 (Volume VII), among other records)

4) That approximately in mid-1981, one of the young men, Juan Ángel Ojeda Aguayo, arrived at the house of a relative named Isaías Aguayo Márquez, located in the “Quebrada Honda” sector, in the vicinity of the Neltume locality, Panguipulli, staying in said place on repeated and discontinuous occasions where he went to seek food.

On November 28, 1981, a group of Army and Carabineros personnel stationed in the Neltume sector approached the mentioned house, where, after urging the residents to leave their home, Juan Ángel Ojeda Aguayo exited the place, where he was gunned down by a group of soldiers who fired multiple shots at him, resulting in a craniocerebral-facial gunshot wound, in addition to multiple cervicothoracic gunshot wounds with rupture and explosion of organs and gunshot wounds in the lower extremities, which caused his death. (according to page 848 (Volume II), report accounting for the death; page 872 (Volume II) autopsy report; page 874, 919 (Volume II), page 1274 (Volume IV), death certificate; statement of Jorge Farías Silva on page 880 (Volume II); statement of Rita Yolanda Jaramillo on page 988 (Volume II) and 1592 (Volume IV); of Isaías Aguayo Márquez on page 2,029 (Volume V); Carabineros Official Letter of January 1982, page 918 (Volume II), among other records)

5) That Patricio Alejandro Calfuquir Henríquez, Próspero del Carmen Guzmán Soto, and José Eugenio Monsalve Sandoval arrived at the house of Mrs. Floridema Jaramillo, in Remeco Alto, who provided them with food and immediately took actions to report them to the Carabineros, which was ultimately achieved by sending her son Juan Carlos Henríquez Jaramillo, who went on horseback to the Neltume Station reporting this fact.

Together with Carabineros, they headed back to her home, and upon passing in front of the Remeco school, they notified soldiers who were in a camp in the area, who in turn gave notice by radio. Upon returning to the house, there were Carabineros stationed in various places, around four, but at the same time, Captain Rosauro Martínez Labbé arrived accompanied by at least two lower-ranking soldiers—among them 2nd Corporal Julio Araki Tepano—who, after urging the guerrillas to leave the house, fired against the property until it was practically destroyed, as a result of which Patricio Calfuquir Henríquez, Próspero Guzmán Soto, and José Eugenio Monsalve Sandoval were killed. Subsequently, a large military contingent arrived and continued with the operation and the transport of the deceased guerrillas, with the following stated as the cause of death in the autopsy protocols: according to page 1075 for Patricio Calfuquir, the precise cause of death was five through-and-through thoraco-abdominal gunshot wounds, complicated by rupture and explosion of organs and viscera, and the shots show characteristics of having been fired from a long distance with automatic and large-caliber weapons; on page 1076 regarding Próspero del Carmen Guzmán Soto, the precise cause of death was twenty-eight through-and-through thoraco-abdominal and extremity gunshot wounds complicated by rupture and explosion of organs, viscera, and comminuted fractures, and the shots had characteristics of having been fired from a long distance with automatic and large-caliber weapons; on page 1079 and in relation to José Eugenio Monsalve Sandoval, the precise, necessary, and immediate cause of death: through-and-through craniocerebral and thoraco-abdominal gunshot wounds (4), complicated, with rupture of organs and viscera, from long-distance shots with automatic and large-caliber weapons.

6) Miguel Cabrera Fernández, known as “El Paine” and who was the leader of the group, died in the locality of Choshuenco on October 15, 1981, in an alleged confrontation with Carabineros belonging to the staff of the station in that locality.

His precise, necessary, and immediate cause of death indicates “Cervicothoracic gunshot wound, anteroposterior, through-and-through, complicated by rupture of blood vessels and left lung.” (Official Letter sending the body to the morgue page 751 (Volume II); Carabineros report on death page 749 (Volume II); Statement at the prosecutor's office by Paulino Flores Rivas page 753 (Volume II); statement at the prosecutor's office by Hernando Jara Valenzuela on page 753 (Volume II); records of Miguel Cabrera from page 830 to 841 (Volume II); Autopsy report page 755 (Volume II); death certificate on page 919 (Volume II); statement of Héctor Rivas Bravo on page 842 (Volume II); statement of Dagoberto Pineda Troncoso from page 1055 to 1584 (Volume IV)).

G)

That in events 1 through 4, Rosauro Martínez Labbé participated in his capacity as Captain, who at the time of the events held the position of Commander of the No. 8 Commando Company, of the “Llancahue” Battalion, dependent on the IV Army Division, a Company that was directing the operation in Neltume during the entire period it lasted.

The aforementioned Captain Martínez was in charge of organizing the different groups that mobilized through the sector, providing weaponry and giving instructions, among which it was highlighted that “They were at war” and that “upon seeing any man with the characteristics of a guerrilla, one should shoot to kill” (according to statements on page 3153, page 3155, page 3180, page 3182, page 3219, page 3185, page 3350, page 3355, page 3368, page 3385, page 3400, page 3478 (Volume VI), page 3616 (Volume VII) among many others; documents on page 1085 (Volume III) and following, 1286 (Volume IV) and following, 2338 (Volume V) and following).

H)

That among the members of the No. 8 Commando Company who were collaborating with the operations commanded by Captain Martínez was 2nd Corporal Julio Araki Tepano, who was part of the reconnaissance group and, among his participation in the search and detention tasks of the guerrillas, was in charge of notifying the group leader, Lieutenant Ivan Fuentes Sotomayor, that they had discovered a guerrilla base. (page 2488 (Volume V), page 2583 (Volume VI), page 3605 (Volume VII), page 3350 (Volume VI), page 3353 (Volume VI), page 3355 (Volume VI) among other records).

I)

Likewise, regarding the events indicated in point 1, that is, Julio César Riffo and René Bravo Aguilera, Army Lieutenant Luis Arturo Sanhueza Ross, dependent on the No. 8 Commando Company, participated; he was one of the Officers in charge of one of the sections that was sent to the Neltume zone (according to statements on page 1849, page 2,366, page 3,183, page 5,671, among other records).

Thus, according to statements from conscript soldiers who were members of the squad that was under the command of Lieutenant Sanhueza Ross, they have indicated their knowledge regarding detained persons who were under the charge of CNI personnel, describing that they were guerrillas, with their hands tied and a stick crossing their backs, tied with wires at each end of the stick at the height of their wrists, recounting how they were ordered to guard them and that subsequently, about fifty meters from where they were together with Lieutenant Sanhueza Ross, these detainees were executed, and then the same conscripts were ordered to wrap the bodies in polyethylene and load them into a helicopter that transported them to the Company in Valdivia. (according to statement on page 3,353 and page 3,473 (Volume VI), page 5,711, page 6,856 (Volume XIV), among other records). In the same way, regarding the events indicated in number 4, that is, Juan Ángel Ojeda Aguayo, Lieutenant Luis Arturo Sanhueza Ross participated in them, in that he commanded the patrol that was in the vicinity of the Choshuenco locality, and upon receiving a notice from the Carabineros of that locality, he went together with the patrol under his command to the house where Ojeda Aguayo was, setting up a security operation around the dwelling and participating in the events that resulted in the death of Juan Ángel Ojeda Aguayo. (according to statements on page 880 (Volume II), page 8,443 and page 8,580 (Volume XVIII).

J)

That the Anti-Terrorist Unit of the National Intelligence Center (UAT), led by Captain Conrado García Giaier, also formed a fundamental part of this operation, participating actively in the search, detention, and subsequent death of some of the mentioned victims, which is also accredited in the indictment orders on pages 2,046, 2,050, and 2,052 (Volume V) (confirmed by the Illustrious Court of Appeals of Valdivia according to page 2,169 (Volume V)) (statements of Luis Bascur Gaete on page 1500 (Volume IV); of Carlos Leonardo Ruiz Iturra on page 2,398 and page 2,431 (Volume V); of Carlos Cesar Cisternas Cofré on page 2,401 (Volume V); resume on page 2324 to 2330 (Volume V); police report page 2,387 (Volume V), among other records).

K)

That in the same way, Army Major Sergio Canals Baldwin had active participation in the events described in numbers 1 and 3, that is, Julio Riffo Figueroa, René Bravo Aguilera, and Raúl Obregón Torres. Major Canals Baldwin was part of the “Plomo Group” of the National Intelligence Center (CNI) and was sent to the Neltume zone, stationing himself together with his group and with the other members of the CNI at the Termas de Liquiñe, occupying all the cabins for the entire time they remained in said locality, facilities in which Julio Riffo Figueroa and René Bravo Aguilera were detained, and as a result of the information provided by these detainees, it was possible to find and kill Raúl Obregón Torres, as detailed in point 3 of this indictment order. This Officer performed operational and information-gathering tasks regarding the activities in the zone and was the Army Officer with the highest rank in the group of people who made up the National Intelligence Center (CNI) and who were sent from Santiago to support the work of other branches of the Armed Forces that were in the zone (according to statements on page 3,653, page 3,656, page 5,550, and page 8,534, among other records). That in all reports accounting for the death of the members of the “Toqui Lautaro Detachment,” it is mentioned that they died as a result of confrontations, which is implausible, since one cannot ignore the unequal and deteriorated condition in which the members of the “Toqui Lautaro” group found themselves, not only in terms of weaponry and training, but mostly in their physical condition, recalling that the victims were in a state of malnutrition and one of them even had part of his foot amputated. The disproportion in the use of force by State agents was evident, as they could have simply apprehended the members of the group without needing to execute them.”

Source: diarioelranco.cl, August 30, 2024