The minister for extraordinary causes regarding human rights violations, Álvaro Mesa Latorre, issued an indictment against eight retired military personnel for their responsibility in the crime of qualified homicide, as a crime against humanity, of José Gastón Buchhorsts Fernández.

The latter was murdered while performing his mandatory military service at the Regimiento Cazadores de Valdivia. The homicide was perpetrated on the slopes of the Villarrica volcano between September and November 1973.

Accordingly, in the resolution, Minister Mesa Latorre indicted Hernán Agustín Rodriguez Leyton, Víctor Hugo Hermosilla Reinoso, Luis Edmundo Riveros Soto, Ernesto Alejandro Flores Colimán, Rigoberto Becerra Fica, Waldo Eugenio Salinas Núñez, René Miguel Sáez Gómez, and H.W.C.R. as perpetrators of the crime.

A conscript on the run

In September 1973, José Gastón Buchhorsts was performing his mandatory military service at the Regimiento Cazadores de Valdivia. On September 11 of that year, José was at his parents' home, as his leave had been authorized days prior.

However, as the days passed and given the situation prevailing in the country, José did not report to his military unit on time, so his father decided to accompany him to excuse this situation. Upon arriving at the guard post of the Regimiento Cazadores, the young conscript decided not to enter, telling his father that he was going to run some errands, and he did not return to the military unit.

As a result of not reporting to the regiment, which at that time was under the command of Colonel Santiago Sinclair, José Buchhorsts was considered a "deserter." Following this, a patrol led by Lieutenant Luis Rodríguez Rigo-Richi set out in search of the young man, arrested him in the commune of Villarrica, and transported him back to the regiment.

Execution on the slopes of the Villarrica volcano

Several of his fellow soldiers who were also performing military service were able to observe him being guarded by other soldiers, entering with his hands tied behind his back and being thrown onto the floor of a military vehicle inside the facility.

Within the regiment, there was a patrol under the command of Rodríguez Rigo-Richi, known as his trusted group, which was designated to carry out orders for patrolling, detention, and raids. In the afternoon of the following days, this patrol was tasked with transporting José Gastón to the commune of Villarrica for the purpose of searching for weapons in the area, after Buchhorsts himself had allegedly indicated their location.

After having traveled through several sectors on the slopes of the Villarrica volcano, what they were looking for was not found. Faced with this situation, Lieutenant Rodríguez ordered Buchhorsts to dig, and at certain moments, required him to get inside the hole, as the purpose was to make his own grave.

Once finished, he ordered the conscript soldiers to fire at Buchhorsts and bury him in that same place.

A covered-up homicide

Some time later, several conscript soldiers from the same Regimiento Cazadores de Valdivia learned about the death of José Buchhorsts in the vicinity of the commune of Villarrica, with some of them recalling that they even gathered the entire Mortar squadron to inform them of his death.

Despite this, and even though his father went on repeated occasions to learn about his son's situation, the Regimiento Cazadores never provided him with reliable information, giving him evasive, erroneous, or ambiguous answers.

As time passed, and having no news of José, several family members traveled repeatedly to Valdivia to meet with a military prosecutor, who told them that José had been taken to an area on the road to the Villarrica volcano, but that upon attempting to escape, the "Ley de Fuga" (Law of Flight) had been applied to him, and he was executed on the spot.

He also informed them that his body had been buried in that same place, not giving them the location nor allowing them to search for his body. To this date, no public official of the Armed Forces has provided any information to the respective authority regarding what happened to José Buchhorsts and the location of his body, maintaining the concealment of all types of evidence to this day.

Likewise, according to the records of the case led by the visiting minister Álvaro Mesa, there was no instruction for investigations regarding the events surrounding the detention and execution of the young man.

Source: diariodevaldivia.cl, August 14, 2023

Minister Álvaro Mesa issues indictment against eight retired military personnel for the homicide of a conscript on the slopes of the Villarrica volcano

The visiting minister Álvaro Mesa Latorre issued an indictment against eight retired military personnel for their responsibility in the crime of qualified homicide, as a crime against humanity, of José Gastón Buchhorsts Fernández, who was performing his mandatory military service at the Regimiento Cazadores de Valdivia.

The illicit act was perpetrated on the slopes of the Villarrica volcano between September and November 1973. The minister for extraordinary causes regarding human rights violations for the jurisdictions of Temuco, Valdivia, Puerto Montt, and Coyhaique, Álvaro Mesa Latorre, issued an indictment against eight retired military personnel for their responsibility in the crime of qualified homicide, as a crime against humanity, of José Gastón Buchhorsts Fernández, who was performing his mandatory military service at the Regimiento Cazadores de Valdivia.

The illicit act was perpetrated on the slopes of the Villarrica volcano between September and November 1973. In the resolution (case file 13-2013), Minister Mesa Latorre indicted Hernán Agustín Rodriguez Leyton, Víctor Hugo Hermosilla Reinoso, Luis Edmundo Riveros Soto, Ernesto Alejandro Flores Colimán, Rigoberto Becerra Fica, Waldo Eugenio Salinas Núñez, René Miguel Sáez Gómez, and H.W.C.R. as perpetrators of the crime. "That from these same records and the statements of Hernán Agustín Rodríguez Leyton from page 1,060 to page 1,062 (Volume IV); Víctor Hugo Hermosilla Reinoso, from page 1,177 to page 1,178, from page 1,180 to page 1,183 (Volume IV), page 2,068 (Volume VII), page 2,612 (Volume IX); Luis Edmundo Riveros Soto, from page 1,186 to page 1,187, from page 1,235 to page 1,237, from page 1,301 to page 1,302 (Volume IV), Ernesto Alejandro Flores Colimán from page 859 to page 860 (Volume III) and from page 1,811 onwards (Volume VI); and H.W.C.R, whose statements are recorded on page 1 and page 12 of the separate secret file, as ordered on page 990 (Volume IV); Rigoberto Becerra Fica, on page 1,303 (Volume IV), from page 1,742 to page 1,746 (Volume VI); page 2,068 (Volume VII); Waldo Eugenio Salinas Nuñez, from page 958 to page 959, from page 982 to page 983, from page 985 to page 989 (Volume IV); René Miguel Sáez Gómez, on page 2,223 (Volume VII), page 2,592, page 2,612 (Volume IX); well-founded presumptions arise to consider that they have held the status of PERPETRATORS, by virtue of Article 15 No. 1 of the Penal Code, in the crime of qualified homicide, in its character as a crime against humanity, referred to in the previous consideration," the resolution states. During the investigation stage of the case, the visiting minister managed to compile sufficient evidence to establish the following facts: "A.- That José Gastón Buchhorsts Fernández, 18 years old, was performing his mandatory military service in 1973 at the Regimiento Cazadores de Valdivia, assigned to the mortar squadron of that military unit. On September 11, 1973, José Gastón was at his parents' home, as his leave had been authorized days prior. However, as the days passed and due to the situation prevailing in the country, José Gastón did not report to his military unit on time, so his father decided to accompany him to excuse this situation, which happened days after September 11, 1973 [according to pages 102, 141, 139, 141 (Volume I), 721 (Volume III) among other records]. Upon arriving at the guard post of the Regimiento Cazadores, José decided not to enter, indicating to his father that he was going to run some errands, and he did not return to the military unit. [according to pages 33, 142 (Volume I), 1,175 (Volume IV), among other records]. B.- That as a result of not reporting or not entering the Regimiento Cazadores de Valdivia – which at that time was under the command of Colonel Santiago Sinclair Oyaneder – José Gastón Buchhorsts Fernández was considered a 'deserter,' with this situation being discussed among the conscript soldiers and officers [according to pages 275 (Volume I), 412, 468, 509, 587 (Volume II), 854, 863, 903, 915 (Volume III) and 1,056 (Volume IV) among other records]. Following this, a patrol led by Lieutenant Luis Rodríguez Rigo-Richi [deceased, according to page 208 (Volume I)], and composed of approximately 8 or 9 conscript soldiers [according to pages 418, 468, 587 (Volume II) and 854 (Volume III) among other records], set out in search of José Gastón, arresting him in the commune of Villarrica, transporting him to the Regiment, and he was seen in custody by several of his fellow soldiers who were also performing military service, observing that he was guarded by other soldiers, entering with his hands tied behind his back and thrown on the floor of a military vehicle inside that facility. [according to pages 251 (Volume I), 418, 510 (Volume II), 735 (Volume III), among other records]. C.- That in the military unit there was a patrol under the command of Rodríguez Rigo-Richi, identified as his trusted group and which was specially designated to carry out orders for patrolling, detention, and raids that were ordered by the regiment commander, Colonel Santiago Sinclair Oyaneder [according to pages 1,024, 1,181 and 1,187 (Volume IV) among other records]. In the afternoon of the following days, the same patrol led by Lieutenant Rodríguez Rigo-Richi was tasked with transporting José Gastón to the commune of Villarrica, for the purpose of searching for weapons in the area, as Buchhorsts himself had allegedly indicated that, traveling through several sectors on the slopes of the Villarrica volcano, without finding what was sought. Faced with this situation, Lieutenant Rodríguez ordered the young José Gastón to dig and at certain moments required him to get inside it, as the purpose was to make his own grave. Once finished, he ordered the conscript soldiers to fire at Buchhorsts, with all the soldiers present doing so, executing him and burying him in that same place [according to pages 1,060 to 1,062 (Volume IV); from pages 1,177 to 1,178, from pages 1,180 to 1,183 (Volume IV); from pages 1,186 to 1,187 (Volume IV), among other records]. D.- That some time later, several conscript soldiers from the same Regimiento Cazadores de Valdivia learned about the death of José Buchhorsts Fernández in the vicinity of the commune of Villarrica [according to pages 251, 275 (Volume I), 418, 491 (Volume II), 724, 735 (Volume III), 1,001 (Volume IV), among other records], with some of them recalling that they even gathered the entire Mortar squadron and informed them of his death [according to page 587 (Volume II), among other records]. E.- That despite the above, and even though his father went on repeated occasions to learn about his son's situation, at the Regimiento Cazadores de Valdivia he was not given information about him, receiving evasive, erroneous, or ambiguous answers. They even told him that he was at another military facility in the same commune of Valdivia, and he went to that place, not finding his son among the detainees [page 34, (Volume I)]. As time passed and having no news of José Gastón, several other family members traveled repeatedly to Valdivia, meeting with a military prosecutor named Manterola [deceased, according to page 1,234 (Volume IV)], who told them that José had been taken to an area on the road to the Villarrica volcano, but that upon attempting to escape, the 'Ley de Fuga' had been applied to him, and he was executed on the spot, and that his body had been buried in that same place, not informing them of the location, nor allowing them to search for his body [according to pages 34, 140, 141 (Volume I), among other records]. F.- That to this date, no public official of the Armed Forces, especially the leadership of the Chilean Army that served at the time of the events, has provided any information to the respective authority regarding what happened to José Gastón Buchhorsts Fernández and the location of his body, maintaining the concealment of all types of evidence regarding the events mentioned in the preceding paragraphs to this day. Likewise, according to the records of the process, there was no instruction for investigations regarding the events surrounding the detention and execution of José Gastón Buchhorsts Fernández, even though, according to the death registration certificate, the same Lieutenant Luis Rodríguez Rigo-Richi and other officials of the same Regimiento Cazadores de Valdivia were present to verify it."

Source: pdju.cl, August 14, 2023