A unanimous ruling by the highest court favored Germán Borneck Matamala, Nelson Cayupi Contreras, and José Henríquez Salamanca, who were implicated in the death of Bernardo Solorza González. The ruling estimates that there was no institutional policy of torture on the part of the State's security agencies, despite the fact that the victim was recognized as such by the Rettig Report.

In the first sentence regarding human rights violation cases that occurred during the military dictatorship issued so far this year, the Supreme Court refused to consider torture as a crime against humanity and acquitted three former detectives implicated in the death of a peasant detained between April 18 and 21 at a police barracks in the city of Talca.

In a unanimous ruling, ministers Alberto Chaigneau, Jaime Rodríguez Espoz, Hugo Dolmestch, and associate lawyers Fernando Castro and Juan Carlos Cárcamo ratified the acquittal issued on May 31, 2005, in the case of the detainee Bernardo Solorza González.

The resolution favored former detectives Germán Borneck Matamala, Nelson Cayupi Contreras, and José Henríquez Salamanca, who had initially been sentenced on November 12, 2004, by Judge Gerardo Bernales to 541 days in prison for the crime of unlawful coercion.

The Talca appellate court had considered the criminal liability of the former detectives to be extinguished and estimated that the police officers acted in accordance with a legal order, despite the fact that Solorza González was considered a victim of repression by the Rettig Report.

The Supreme Court ratified this criterion and asserted that it was a common crime, which cannot be considered part of a policy of human rights violations by the State of Chile.

"It is necessary to take into account that the facts that motivated the formation of the case originate from the detention of the victim, which was not questioned as illegal (...) which took place in the context of a common crime in which participation was attributed along with other subjects, a scenario in which the agents, acting outside of all norms and with abuse of power, caused him injuries, without any purpose for them having been established beyond the aggression and bodily harm, nor that they were framed within an institutional or State policy, as a generally accepted procedure, in the context of a specific ideology or with genocidal purposes, for which such circumstances alone are not suitable to qualify such conduct as attacks against human rights," states the ruling written by Minister Rodríguez Espoz.

The victim Bernardo Solorza González died on April 21, 1980, in a police barracks in Talca, and initially, it was spoken of as a case of suicide; however, the Rettig Report considered him in 1991 to be a victim of the military dictatorship.

The Rettig Report states verbatim regarding his case: "On April 21, 1980, Bernardo Enrique SOLORZA GONZALEZ died. He was detained by Investigative Police personnel in Talca, accused of committing common crimes.

It was officially reported that the victim committed suicide by hanging, a cause that was recorded on the death certificate. However, information and testimonies received by this Commission indicate that the victim died as a result of the mistreatment and torture inflicted upon him during his detention.

The Commission acquired the conviction that Bernardo SOLORZA died as a consequence of torture by state agents, who thus violated his human rights (Source: www.memoriaviva.com)." His death was judicially investigated as a homicide until April 30, 1981, when a definitive dismissal was issued, but on June 18 of the same year, the Talca Court of Appeals ordered the reopening of the process and an investigation into a possible crime of injury by the barracks police, an investigation that was archived on April 27, 1981.

A complaint filed on July 11, 2003, by the victim's family allowed the investigation to be reopened on March 4, 2004, an investigation in which Judge Gerardo Bernales issued a sentence in November of that same year.

Precedent in the same vein

This is the second time that the Supreme Court has ruled in favor of State agents in a case regarding human rights violations during the dictatorship; previously, in 2005, it had favored General (ret.) Joaquín León Rivera, who in the first instance had been sentenced to 10 years in prison for the case of the forcibly disappeared Luis Cotal Rivera and Ricardo Rioseco Montoya.

In the ruling, however, it was admitted "that, in circumstances where Ricardo Rioseco Montoya and Luis Cotal Alvarez were detained in the warehouse identified in paragraph A of the third motivation of the appealed sentence, unarmed and held at gunpoint by a group of conscripts, Mr.

Joaquín León Rivera González, 2nd Commander of the Regiment, made his appearance, drew his pistol and aimed at one of them, but the bullet did not fire, with the conscripts then firing, with Ricardo Rioseco Montoya and Luis Cotal Alvarez dying on the spot, without their bodies having been found to date."

And it was added later: "that the elements of conviction analyzed in the second motive of the appealed sentence constitute a set of judicial presumptions that, by meeting the requirements established in article 488 of the Code of Criminal Procedure, allow this Court to acquire the conviction that Ricardo Rioseco Montoya and Luis Cotal Alvarez were killed.

Indeed, the witness Duberli Héctor Rodríguez Silva (fs. 19 and 148), owner of the warehouse where the events occurred, claims to have witnessed the execution of the victims, specifying that the bodies 'were cut in half,' that they demanded he bring four sacks, that they threw them (the bodies) into the jeep and told him that they were going to dump them in the river and that they themselves (referring to the conscripts) cleaned the place with water so as not to leave traces."

Source: El Mostrador.cl, January 12, 2007

Minister Álvaro Mesa issues indictment against former military and police officers for unlawful coercion of alleged ringleaders of the so-called "Plan Z" in Valdivia

In the resolution, the visiting judge issued an indictment against retired Army Lieutenant Patricio Kellet Oyarzún as the perpetrator of the applied unlawful coercion.

The visiting judge for human rights violation cases of the Courts of Appeals of Temuco, Valdivia, Puerto Montt, and Coyhaique, Álvaro Mesa Latorre, indicted retired members of the Army, Carabineros, and the Investigative Police for their responsibility in the crime of unlawful coercion against the former mayor of Valdivia, Sandor Arancibia, and seven other victims, illicit acts perpetrated starting September 11, 1973, in the city.

In the resolution (case file 3-2012 Valdivia), the visiting judge issued an indictment against retired Army Lieutenant Patricio Kellet Oyarzún as the perpetrator of the unlawful coercion applied to Sandor Arancibia Valenzuela, Juan Yilorm Martínez, Luis Díaz Bórquez, Joel Asenjo Ramírez, Víctor Hormazábal Rozas, Carlos Jaime Bahamondez Hormazábal, Carlos Armando Villarroel Machuca, and Rogers Delgado Sáez.

Meanwhile, Bernardo O'Higgins de las Mercedes Puga Concha, Rubén Darío Aracena González, Juan Bautista Yáñez Ruiz, Germán Jesús Borneck Matamala, and Hernán Soriano Ávila face indictment as perpetrators of the crimes of unlawful coercion against Sandor Arancibia Valenzuela, Juan Yilorm Martínez, Víctor Hormazábal Rozas, José Daniel Gallardo Saldivia, Rogers Delgado Sáez, Joel Asenjo Ramírez, and Luis Díaz Bórquez.

In the case of the former high-ranking Army officer Santiago Arturo Sinclair Oyaneder, he was identified by the judge as the perpetrator of the unlawful coercion inflicted upon Sandor Arancibia Valenzuela, Juan Yilorm Martínez, Víctor Hormazábal Rozas, José Daniel Gallardo Saldivia, Rogers Delgado Sáez, Joel Asenjo Ramírez, Luis Díaz Bórquez, Uldaricio Manuel Figueroa Valdivia, and Carlos Jaime Bahamondez Hormazábal.

Finally, Marcelo Eduardo Jara de la Maza faces indictment as an accessory to the crime of unlawful coercion practiced against Sandor Arancibia Valenzuela, Juan Yilorm Martínez, Víctor Hormazábal Rozas, José Daniel Gallardo Saldivia, Rogers Delgado Sáez, Joel Asenjo Ramírez, Luis Díaz Bórquez, Uldaricio Manuel Figueroa Valdivia, and Carlos Jaime Bahamondez Hormazábal.

"Plan Z" During the investigation stage of the case, Judge Álvaro Mesa managed to establish the following facts:

A.- That as a result of the events that occurred on September 11, 1973, Sandor Arancibia Valenzuela, Juan Yilorm Martínez, Víctor Hormazábal Rozas, José Daniel Gallardo Saldivia, Rogers Delgado Sáez, Joel Asenjo Ramírez, Luis Díaz Bórquez, Uldaricio Manuel Figueroa Valdivia, Carlos Jaime Bahamondez Hormazábal, and Carlos Armando Villarroel Machuca, among others, were detained in various cities of the country and especially in the commune of Valdivia.

Some of them held public office or were members of political parties of the government of President Salvador Allende Gossens until that date. All of them were accused of being the ringleaders of a fanciful plan to exterminate members of the Armed Forces and Order, known to this day as "Plan Z." All the detainees, on different dates after September 11, 1973, were taken to the Valdivia Public Jail by order of the existing Military Prosecutor's Office.

These detentions were decided by the military authority of the time, without a judicial order, and there is no record in the process of their execution under a procedure adjusted to the regulations in force at that time.

B.- That in the Cazadores regiment of the commune of Valdivia, after the military coup, by order of General Héctor Bravo Muñoz (currently deceased), the Second Section of Information and Intelligence was reinforced with the addition of officials from the same military unit, among them Hernán Soriano Ávila; a member of the Investigative Police of Chile, Germán Jesús Borneck Matamala; and personnel from the "José Gil de Castro" Carabineros station of the same commune, among them Lieutenant Rubén Aracena González and Corporal Juan Bautista Yáñez Ruiz, nicknamed "esbante grande." This group was in charge of Army Lieutenant Patricio Kellet Oyarzún and their mission was to interrogate those detained for political matters, who after that date were admitted to the Valdivia jail.

C.- That following the previous line, Division General Héctor Bravo Muñoz, in addition to reinforcing the intelligence unit, gathered the commanders of the Cazadores and Maturana regiments, which operated in the same military compound known as "cantón Bueras" in the commune of Valdivia, and verbally instructed that Colonel Pantoja (currently deceased) take charge of the entire operational part with the aim of finding the presence of subversives, this in the presence of the commander of the Cazadores regiment, Santiago Sinclair Oyaneder, whom he designated to carry out patrol functions in the city of Valdivia and assume security in the urban area of Valdivia, as well as government delegate at the Universidad Austral de Chile. Despite his designation as education authority, Commander Sinclair Oyaneder continued to perform daily duties in the unit under his command—since, as indicated, he had to assume security in the commune of Valdivia and because his residence was located inside the military compound—going to that place daily, learning that Colonel Pantoja had control of the regiment's gymnasium and a registry of the detained persons. Furthermore, he knew about the supervision that Pantoja carried out in the search for information. All of the above by observing on more than one occasion, both day and night, people who were led to the aforementioned gymnasium to be interrogated.

D.- That furthermore, at the end of September 1973, Bernardo O'Higgins de las Mercedes Puga Concha, who until that date served as an auxiliary lawyer for the State Defense Council, was called to join the army and assumed functions as legal advisor to the Military Prosecutor's Office, in charge until then of Mr.

Mario Piraíno Valenzuela (currently deceased). Some defense lawyers even went to the office of the Military Prosecutor's Office, interviewing said advisory lawyer, who identified himself as a Military Prosecutor.

E.- That in order to comply with the order given by the superiors, the gymnasium of the Cazadores regiment was enabled, placing desks to interrogate political detainees. In this way, the detainees were taken to and from the jail to the regiment by military personnel of the section led by Patricio Kellet Oyarzún, being interrogated at the Military Prosecutor's Office and physically coerced in the facilities of the gymnasium before and/or after these interrogations.

In the gymnasium or torture room, there were implements to tie up the detainees and apply electricity to different parts of the body, in addition to applying other types of torment such as kicks and punches.

All the members of the group led by Lieutenant Patricio Kellet Oyarzún participated in this task, in addition to the Investigative Police detective and Carabineros officials who were attached there and mentioned above.

F.- That at that same time, the doctor Marcelo Eduardo Jara de la Maza, who served as a health officer in one of the infirmaries of the Bueras canton, performed military operational functions—including barracks guard duty and participation in war councils—and, in addition, those proper to his profession.

In that sense, after September 11, 1973, it was his responsibility to perform a review of the detainees, having to verify their injuries, if they had any, and record them in a report that he delivered in the same unit. He did the same when the detainees were released.

G.- That once the people were interrogated in the aforementioned Regiment, they were taken back to the Valdivia jail. In that place, the cellmates themselves and one of the prison infirmary officials verified their poor physical condition as a result of the interrogations under torture.

H.- Finally, to this date, no public official of the Chilean Army, Carabineros of Chile, or any other branch of the Armed Forces and/or Order and Security who served at the time of the events has provided any information to the respective authority in relation to what happened to Sandor Arancibia Valenzuela, Juan Yilorm Martínez, Víctor Hormazábal Rozas, José Daniel Gallardo Saldivia, Rogers Delgado Sáez, Joel Asenjo Ramírez, Luis Díaz Bórquez, Uldaricio Manuel Figueroa Valdivia, Carlos Jaime Bahamondez Hormazábal, and Carlos Armando Villarroel Machuca, maintaining to this day the concealment of all types of information about the events that have been mentioned in the preceding paragraphs.

Source: pdju.cl, February 13, 2019

Retired Army and police officers convicted for unlawful coercion committed in Valdivia

After 50 years, this complicated issue is resolved.

This day, September 28, the conviction of retired Army and police officers for unlawful coercion committed in Valdivia was announced.

The visiting judge for human rights violation cases, Álvaro Mesa Latorre, sentenced six retired members of the Army, Carabineros of Chile, and the Investigative Police to 10 years of effective imprisonment.

This is due to their responsibility in the crime of unlawful coercion committed starting in September 1973 against eight people who were linked to an alleged plan to exterminate members of the Armed Forces, called "Plan Z."

The judiciary's website states that "In the ruling (case file 3-2012), in criminal matters, the visiting judge convicted retired Army Lieutenant Patricio Kellet Oyarzún; the Army's advisory lawyer in September 1973, Bernardo O'Higgins de las Mercedes Puga Concha; the Carabineros Lieutenant and Corporal respectively, Rubén Darío Aracena González and Juan Bautista Yáñez Ruiz; the Investigative Police official, Germán Jesús Borneck Matamala; and the soldier who served in the Cazadores regiment of Valdivia, Hernán Soriano Ávila."

"They, at different times and places, inflicted unlawful coercion on: Víctor Hormazábal Rozas, Sandor Arancibia Valenzuela, Uldaricio Manuel Figueroa Valdivia, Joel Asenjo Ramírez, Carlos Jaime Bahamondez Hormazábal, Rogers Delgado Sáez, Juan Yilorm Martínez, and José Gallardo Saldivia."

In the civil aspect, the magistrate ordered the State Treasury to pay a total sum of $320,000,000 to the victims.

Likewise, the request of the victim Sandor Arancibia Valenzuela to publish the sentence once it is executed in a local newspaper and to hold a reparation act at the Regional Government headquarters was accepted.

Value the measure

Journalist Juan Yilorm Martínez, who in 1973 was director of Radio Camilo Henríquez and a member of the Socialist Party, valued this resolution after 50 years.

"A lot of time has passed since the events that affected a large number of people in this accusation of the false war councils. Subsequently, more than 12 years passed waiting for a sign of truth and justice. We cannot deny that the first-instance ruling brings a little peace of mind," he tells Diario de Valdivia.

Regarding the accusation of having been part of the so-called Plan Z, he indicates that "it was a fantasy created by the military to rally forces and gain support from the citizenry at that time. It was said that we intended to kidnap the wives and children of the military to then call them to surrender."

"That was a slander that was spread and for many it remains present to this day. We were considered alleged criminals. Knowing this sentence demonstrates an exhaustive work by Judge Mesa and gives us satisfaction because to some extent it repairs the damage suffered, which meant torture, imprisonment, exile, loss of jobs, and consequences to this day," adds Yilorm.

"We appreciate the judge's work, the evidence is irrefutable. Without hatred or resentment, it is appropriate to ask that the sentences be carried out and that those who acted in such a malicious way against their compatriots receive what justice orders today. A memory for all those who are not here, who have not had the joy of knowing a ruling of this nature," he says.

Source: diariodevaldivia.cl, September 28, 2023