Judge Daniel Calvo, with exclusive dedication to investigating human rights cases, indicted two former Carabineros as perpetrators of the crime of aggravated kidnapping of an Ecuadorian student who disappeared in the south of the country following the 1973 military coup.

The resolution affects former Carabineros Major Juan Miguel Bustamante León and former non-commissioned officer Omar Burgos . The investigation determined that both were the individuals who arrested university student José García Franco at his home in the city of Temuco on the afternoon of September 13, 1973, two days after the military coup.

According to the Rettig Report, which documented human rights violations during the military government, 31-year-old José García Franco was in his seventh year of medical school at the Temuco branch of the Universidad de Chile and was completing his internship at the local hospital.

According to the case files, the university student remained for several days at the Second Carabineros Precinct of Temuco, from which he disappeared between the early hours of September 18 and the following day.

The precinct chiefs assured his wife that her husband had been taken to the border with Argentina. Along with indicting the former Carabineros, Judge Calvo ordered their pretrial detention, which they will serve in police facilities in Santiago.

The case regarding the Ecuadorian student was opened through a complaint filed by his family on April 14, 2000, directed against General (ret.) Augusto Pinochet and all those found responsible. La Nación February 8, 2008 Judge Billard sentences (ret.) Carabinero for disappearance of Ecuadorian doctor Special judge Joaquín Billard sentenced Juan de Dios Fritz Vega, First Sergeant (ret.) of Carabineros; Omar Burgos Dejean, who held the same rank; and Juan Miguel Bustamante León, Major (ret.) of Carabineros, to a penalty of eight years and one day of major imprisonment in its minimum degree, as perpetrators of the crime of aggravated kidnapping of the Ecuadorian doctor Félix García Franco. Additionally, Hugo Opazo Inzunza, non-commissioned officer (ret.) of Carabineros, was sentenced to ten years and one day of major imprisonment in its medium degree for his participation in the disappearance of the health professional on September 13, 1973. Judge Billard also accepted the joint civil lawsuit for compensation for damages and moral injury filed against the retired Carabineros, sentencing them to the joint payment of 30 million pesos. December 3, 2009 Supreme Court issues final ruling in the kidnapping case of Félix García Franco The Supreme Court issued a final ruling in the investigation into the aggravated kidnapping of José Félix García Franco, which occurred beginning on September 19, 1973, in the city of Temuco. In a split decision (case file 2335-2009), the ministers of the Second Chamber, Rubén Ballesteros, Jaime Rodríguez, Hugo Dolmestch, Carlos Künsemüller, and acting lawyer Benito Mauriz, determined the following sanctions: Juan de Dios Fritz Vega : 4 years of imprisonment. The benefit of supervised release was granted. Omar Burgos Dejean : 4 years of imprisonment. The benefit of supervised release was granted. José Miguel Bustamante León : 4 years of imprisonment. The benefit of supervised release was granted. Hugo Opazo Insunza : 4 years of imprisonment. The benefit of supervised release was granted. Meanwhile, in the civil aspect, the exception of incompetence of the court raised by the State Treasury was accepted, and the $30,000,000 (thirty million pesos) compensation for moral injury that had been granted to the victim's relatives was annulled. In the criminal sphere, the decision was adopted with the dissenting opinion of Minister Ballesteros, who was of the opinion to accept the statute of limitations for criminal action. Meanwhile, in the civil sphere, the decision was adopted with the unfavorable opinion of Ministers Dolmestch and Künsemüller, who were in favor of dismissing the exception of incompetence and ruling on the merits of the matter.

Source: El Mercurio June 5, 2003

Judge Billard sentences (ret.) Carabinero for disappearance of Ecuadorian doctor

Special judge Joaquín Billard sentenced Juan de Dios Fritz Vega, First Sergeant (ret.) of Carabineros; Omar Burgos Dejean, who held the same rank; and Juan Miguel Bustamante León, Major (ret.) of Carabineros, to a penalty of eight years and one day of major imprisonment in its minimum degree, as perpetrators of the crime of aggravated kidnapping of the Ecuadorian doctor Félix García Franco.

Additionally, Hugo Opazo Inzunza, non-commissioned officer (ret.) of Carabineros, was sentenced to ten years and one day of major imprisonment in its medium degree for his participation in the disappearance of the health professional on September 13, 1973.

Judge Billard also accepted the joint civil lawsuit for compensation for damages and moral injury filed against the retired Carabineros, sentencing them to the joint payment of 30 million pesos.

Source: La Nación February 8, 2008

Supreme Court issues final ruling in the kidnapping case of Félix García Franco

The Supreme Court issued a final ruling in the investigation into the aggravated kidnapping of José Félix García Franco, which occurred beginning on September 19, 1973, in the city of Temuco. In a split decision (case file 2335-2009), the ministers of the Second Chamber, Rubén Ballesteros, Jaime Rodríguez, Hugo Dolmestch, Carlos Künsemüller, and acting lawyer Benito Mauriz, determined the following sanctions: Juan de Dios Fritz Vega : 4 years of imprisonment.

The benefit of supervised release was granted. Omar Burgos Dejean : 4 years of imprisonment. The benefit of supervised release was granted. Juan Miguel Bustamante León : 4 years of imprisonment. The benefit of supervised release was granted.

Hugo Opazo Insunza : 4 years of imprisonment. The benefit of supervised release was granted. Meanwhile, in the civil aspect, the exception of incompetence of the court raised by the State Treasury was accepted, and the $30,000,000 (thirty million pesos) compensation for moral injury that had been granted to the victim's relatives was annulled.

In the criminal sphere, the decision was adopted with the dissenting opinion of Minister Ballesteros, who was of the opinion to accept the statute of limitations for criminal action. Meanwhile, in the civil sphere, the decision was adopted with the unfavorable opinion of Ministers Dolmestch and Künsemüller, who were in favor of dismissing the exception of incompetence and ruling on the merits of the matter.

Source: Afepchile.cl December 3, 2009