In the civil aspect, the visiting minister accepted the filed lawsuit and ordered the state to pay a total compensation of $2,780,000,000 (two billion seven hundred eighty million pesos) for moral damages to the victims' relatives.

The minister on extraordinary assignment for human rights violation cases in the jurisdictions of the Courts of Appeals of Temuco, Valdivia, Puerto Montt, and Coyhaique, Álvaro Mesa Latorre, issued sentence number 78 on the matter, and sentenced 23 retired military personnel and Army collaborators for their responsibility in the qualified homicides and illegal coercion against Florentino Alberto Molina Ruiz, Juan Antonio Chávez Rivas, Víctor Hugo Valenzuela Velásquez, Juan Carlos Ruiz Mancilla, Amador Francisco Montero Mosquera, Pedro Juan Mardones Jofré, and Carlos Aillañir Huenchual, perpetrated in the commune of Temuco in November 1973.

In the sentence (docket 113.089), Minister Mesa Latorre sentenced:

Óscar Alfonso Ernesto Podlech Michaud

to life imprisonment for his responsibility as the perpetrator of the 7 qualified homicides and 10 years in prison for his responsibility as the perpetrator of 7 crimes of illegal coercion against the seven victims.

Meanwhile, Daniel San Juan Clavería, Omar Burgos Dejean, Hernán Raúl Quiroz Barra, Raúl Binaldo Schonherr Frías, Orlando Moreno Vásquez shall serve a sentence of life imprisonment as accomplices to the 7 qualified homicides and a sentence of 10 years in prison as perpetrators of illegal coercion.

The accused Juan Guillermo García Covarrubias, Pablo Domingo Gran López, Romilio Osvaldo Lavín Muñoz, Carlos Eduardo Oviedo Arriagada, Raimundo Ignacio García Covarrubias, Norberto Francisco Uribe Moroni, Pedro Guillermo Manuel Tichahuer Salcedo, Juan Bautistas Labraña Luvecce will serve sentences of life imprisonment as accomplices to the 7 qualified homicides and 427 days in prison as accomplices to the 7 crimes of illegal coercion.

Manuel Abraham Vásquez Chahuán

will serve a sentence of life imprisonment as the perpetrator of the 7 qualified homicides.

Additionally, Gabriel Alfonso Dittus Marín, Héctor Mauricio Villablanca Huenulao, Sergio Orlando Vallejos Garcés, Juan Carlos Concha Belmar, Manuel Rafael Campos Ceballos will serve a sentence of life imprisonment as accomplices to the 7 qualified homicides.

Arnoldo Aedo Matus

will serve a sentence of 20 years in prison as an accomplice to the 7 homicides.

Libardo Hernán Schwartenski Rubio

will serve a sentence of 10 years in prison as the perpetrator of 7 crimes of illegal coercion.

Finally, José Raúl Inzunza Reyes was sentenced to 427 days in prison as the perpetrator of 7 crimes of illegal coercion.

In the sentence, Minister Mesa Latorre established the following facts:

A.- That, immediately after the military takeover of September 11, 1973, the armed forces and order forces took control of the city of Temuco, with the Colonel Commander of the "La Concepción" Regiment of Lautaro, Hernán Jerónimo Ramírez Ramírez (deceased, as recorded on page 6,060 of volume XVII), becoming Intendant; and the Colonel Pablo Iturriaga Marchesse (deceased, as recorded on page 1,298, volume IV), Commander of the 8th Infantry Regiment "Tucapel" of this city, becoming Governor of Temuco, who also remained as Chief of the Temuco Garrison.

B.- That on the same day, September 11, 1973, the Temuco lawyer Oscar Alfonso Ernesto Podlech Michaud, who was also a Reserve Lieutenant of the Chilean Army, was called to collaborate with the new regime to support the management of the Military Prosecutor's Office that operated inside the unit and was in charge of the Second Commander, Major Luis Jofré Soto (deceased, as recorded on page 1,295, volume IV).

This officer, however, had to assume greater functions as Second Commander of the Tucapel regiment shortly thereafter. From that day forward, civilians began arriving at the regiment who had been called to present themselves before the Military Prosecutor's Office through communiqués published in the written press and on the radio, or who were brought in as detainees from different parts of the region by Carabineros and military patrols.

Given the high number of detainees and people called to testify, the Military Prosecutor's Office was reinforced to carry out its work with Judiciary officials who were requested from the Temuco Court of Appeals by the aforementioned lawyer Podlech Michaud, who, acting as Ad-Hoc Prosecutor, made a presentation to the Plenary of the Appellate Court (Minutes from page 3010 to 3011, volume IX), after which some clerks from different courts and a Court Rapporteur were assigned on service commission.

Due to the lack of knowledge in criminal procedural matters, added to his weak character and his work as Second Commander of the regiment, Major Luis Jofré Soto began delegating functions as Military Prosecutor to the lawyer Oscar Alfonso Ernesto Podlech Michaud, advisor to the Prosecutor's Office, who began to hold the position of de facto Prosecutor, to the point that he conducted jail visits and that lawyers, relatives, and even ecclesiastical dignitaries consulted him about the fate of the detainees.

However, Major Jofré Soto continued to sign administrative documents most of the time and participated in some interrogations of detainees.

C.- That the people called to present themselves to the Military Prosecutor's Office and those who were brought in as detainees were kept in facilities located next to the guardhouse and in the large gymnasium.

Once interrogated by personnel from the Military Prosecutor's Office, by detectives Aquiles Alfonso Poblete Müller (deceased, as recorded on page 3,800, volume XI), Daniel San Juan Clavería, and Hernán Raúl Quiroz Barra of the Investigative Police attached to the regiment, or by the officers themselves who participated in these activities, among whom were Jaime Guillermo García Covarrubias, Raimundo Ignacio García Covarrubias, Pablo Domingo Gran López, Mario Hernán Arias Díaz (deceased, as recorded on page 7,531, volume XXI), Carlos Eduardo Oviedo Arriagada, Norberto Francisco Uribe Moroni, Pedro Guillermo Manuel Tichahuer Salcedo, Romilio Osvaldo Lavín Muñoz, and non-commissioned officers, among whom were Juan Bautista Labraña Luvecce, Orlando Moreno Vásquez, Raúl Binaldo Schonherr Frías, some of them were released, others were sent to their homes under house arrest, and others were taken to the public jail where they remained while their procedural situation was resolved.

D.- That also by September 1973, in the 8th Infantry Regiment "Tucapel" of Temuco, there was a Second Section of Information and Intelligence that was in charge of Captain Nelson Manuel Uldaricio Ubilla Toledo (deceased, as recorded on page 1,296, volume IV), under whose dependency some non-commissioned officers of that institution also carried out functions, among whom were Juan Bautista Labraña Luvecce, Orlando Moreno Vásquez, Raúl Binaldo Schonherr Frías, work that was reinforced after September 11, 1973, with the addition of Investigative Police officials Aquiles Alfonso Poblete Müller (deceased, as recorded on page 3,800, volume XI), Daniel San Juan Clavería, and Hernán Raúl Quiroz Barra, mentioned above, and Carabineros, among whom was Omar Burgos Dejean, who provided political information to the aforementioned officer regarding all those persons subject to an investigation by the Military Prosecutor's Office. Likewise, some officers, among whom was Manuel Abraham Vásquez Chahuán, and enlisted soldiers and conscripts of the regiment joined the intelligence tasks. As the days went by, the Military Prosecutor's Office and the Second Intelligence Section began to work together to interrogate the detainees, as in this case, who remained held in the jail or in some facility of the Tucapel regiment. To articulate this work, two locations were enabled in the military unit, one located between the Headquarters Company and the Mortar Company, and another in an old, disused gymnasium located to the side of the conscript soldiers' "mess hall." In this way, the detainees were taken to and from the jail to the regiment by military personnel of the Second Section, being interrogated at the Military Prosecutor's Office and physically coerced in one of the aforementioned facilities to "soften them up" before or after these interrogations, as in this case. In both interrogation and torture rooms, 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, as in this case. Conscript soldiers participated in this task, among whom were Manuel Rafael Campos Ceballos, Juan Carlos Concha Belmar, Sergio Orlando Vallejos Garcés, Gabriel Alfonso Dittus Marín, Héctor Mauricio Villablanca Huenulao, Juan Humberto Carrillo Rebolledo, Libardo Schwartenski Rubio, and José Raúl Inzunza Reyes, and a Carabinero, Omar Burgos Dejean, who collaborated with Captain Nelson Ubilla Toledo and the Investigative Police detectives who were there, Aquiles Alfonso Poblete Müller (deceased, as recorded on page 3,800, volume XI), Daniel San Juan Clavería, and Hernán Raúl Quiroz Barra. Most of the officers of the "Tucapel" regiment and some non-commissioned soldiers from the Headquarters and Services Companies, among whom was José Raúl Inzunza Reyes, from the Mortars, Hunters, and Second Section, all of whom entered these facilities at different times, also participated in the interrogation and/or torture sessions of detainees in those places.

E.- That within the aforementioned military unit, a special group called "Patrulla Brava" (Brave Patrol) or "Patrulla Chacal" (Jackal Patrol) was formed, integrated by non-commissioned soldiers and conscripts of the 2nd Hunters Company, among whom were Manuel Rafael Campos Ceballos, Juan Carlos Concha Belmar, Sergio Orlando Vallejos Garcés, Gabriel Alfonso Dittus Marín, Héctor Mauricio Villablanca Huenulao, Juan Humberto Carrillo Rebolledo, and Libardo Schwartenski Rubio, under the orders of Second Lieutenant Manuel Espinoza Ponce (deceased, as recorded on page 1,299, volume IV), who in turn received orders from Lieutenant Manuel Abraham Vásquez Chahuán, who was in command of the Company. This group was in charge, among other functions, of guarding the detainees who were kept in the facilities of the "Tucapel" regiment of Temuco.

F.- That during the days following September 11, 1973, a significant number of people were killed or disappeared in the IX region, with several of these deaths being explained by the regional military authorities through the publication of communiqués issued either from the Intendancy or from the Military Garrison of Temuco.

The communiqué that explained the events subject to this investigation, in light of the background gathered in this process, gives an implausible version of how the events of the night of November 10, 1973, unfolded, taking into consideration what was declared by Manuel Ángel Fernández Carranza (page 222), who, after the events of November 10, 1973, and once he arrived from a mission he was entrusted with toward the Pucón sector in search of guerrillas, was summoned by the then commander of the 8th Tucapel Regiment of Temuco, Pablo Iturriaga Marchesse (deceased, as recorded on page 1,298, volume IV), to inform him that the assault on the ammunition dump had not been such, but rather an execution carried out at the shooting range, information he gave him personally so that he would not find out through rumors.

G.- That Florentino Alberto Molina Ruiz, member of the Central Committee and Regional Secretary of the Communist Party, was arrested and taken from his home on Monday, November 5, 1973, by two Carabineros members of the Civil Commission, who transported him in a red pickup truck to the Second Carabineros Police Station of Temuco, where he spent the night in a cell.

Early the next day, he was transferred to the "Tucapel" Regiment of Temuco by order of the Military Prosecutor's Office of Temuco, remaining held in that place until the night of November 10, 1973. During that period, his wife went daily to leave him clothes and food that were channeled through the guards at the entrance of the military facility.

In turn, Molina Ruiz sent her his used clothes as a sign that he was still being held in that place. Molina Ruiz, who was missing an arm due to a work accident, was seen as a detainee inside the aforementioned military facility by Hermán Carrasco Paúl, who was also in the same condition, who pointed out that both were victims of illegal coercion.

He was also recognized due to his disability by some conscripts who guarded them.

H.- That Juan Antonio Chávez Rivas, student at the State Technical University, Regional Secretary and member of the Central Committee of the Communist Youth, was arrested on November 6, 1973, by two Carabineros members of the Civil Commission, who transported him in a red pickup truck to the Second Carabineros Police Station of Temuco, where he spent the night.

The next day, he was transferred to the "Tucapel" Regiment of Temuco. Relatives of the detainee approached the military unit to ask about him, where they were told that he was not there, despite the fact that he was seen in the courtyard of the military facility heavily guarded and in very poor physical condition.

I.- That Víctor Hugo Valenzuela Velásquez, public employee and propaganda secretary of the Communist Youth of Cautín, was arrested on November 7, 1973, around 10:00 AM, at the Real Estate Registrar of Temuco, where he worked.

The arresting personnel, who were dressed in civilian clothes, belonged to the Army Intelligence Service, one of them being a Sergeant of the "Tucapel" Regiment of Temuco. Relatives of the detainee went to the "Tucapel" Regiment, where they confirmed the effectiveness of the arrest and for three days delivered clothes and blankets for him at the guardhouse.

J.- That Juan Carlos Ruiz Mancilla, student of Civil Construction at the State Technical University and member of the Communist Youth, after September 11, 1973, traveled to the city of Punta Arenas where his parents lived. In that place, he was arrested on November 7 of that same year and transported by plane to Temuco, where he was taken to the "Tucapel" Regiment.

K.- That Amador Francisco Montero Mosquera, student of Electrical Engineering at the State Technical University and member of the Communist Youth, was arrested at his home on November 7, 1973, by personnel of the Carabineros Civil Commission and transported to the Tucapel Regiment of Temuco. Relatives went to that place to find out about his situation and to deliver food and clothes to him.

L.- That Pedro Juan Mardones Jofré, student at the State Technical University, was arrested at his home and transported to the Tucapel Regiment of Temuco. The conscript soldier of the 2nd Section of the 2nd Hunters Company, Luis Humberto Llamunao Huaiquinao (pages 1234 to 1235 and 1323 to 1324), assured that it was his turn to bring water to Mardones Jofré, who was held in a warehouse located inside a mechanical workshop.

At that moment, he noticed that the detainee had a very injured hand, making it impossible for him to hold the glass that was offered to him.

M.- That Carlos Aillañir Huenchual, farmer and sympathizer of the Popular Unity government, was arrested on November 6, 1973, by a military patrol that was moving in an institutional 3/4 truck. The arrest took place in the rural sector of Pelales, in the town of Quepe, where the house of a brother of the detainee was located.

The military officer in charge of the patrol indicated that the detainee was going to be taken to the Tucapel regiment of Temuco.

N.- That at the end of the day on November 10, 1973, while the aforementioned detainees were being held in the "small" gymnasium of the Tucapel regiment of Temuco, guarded by conscript soldiers of the 2nd Hunters Company belonging to the "Jackal Patrol," Lieutenant Manuel Abraham Vásquez Chahuán, Commander of the aforementioned company, and Second Lieutenant Espinoza (deceased, as recorded on page 1,299, volume IV) appeared, accompanied by other military personnel from the regiment.

In addition, an institutional truck parked at the place and backed up in front of the entrance to the facility where the victims were being held. Said vehicle, due to its characteristics, was recognized as the one usually used to transport meat and bread, and on some occasions, it was used to transport conscripts to carry out guard duty shifts.

Immediately after, Lieutenant Manuel Abraham Vásquez Chahuán instructed the subordinate personnel to make the detainees board the truck along with them. Then, the truck with the detainees plus the officers and their companions left the place.

Regarding this same truck, the following day its cleaning was ordered, among others, to the conscript soldier Héctor Florentino Navarrete Leiva, who pointed out that it was full of remains of human flesh and brains (page 2150).

Ñ.- That minutes later, sentinels of the surveillance post located in the entrance sector to the military facility called "Isla Cautín" saw a caravan of institutional vehicles enter the place, composed of at least one Toyota jeep and the truck indicated in the previous paragraph.

O.- That in the final hours of November 10, 1973, the aforementioned detainees were taken out of the Tucapel regiment of Temuco, loaded onto the aforementioned military vehicle, and transported to the shooting range sector of the "Isla Cautín" military facility by the officers and their companions.

In that place, the victims were tied to stakes that had been set up there in a row. A short time later, Captain Rodolfo Vargas Campos (deceased, as recorded on page 1,297, volume IV), Sergeant Hernán Rodrigo Santiesteban Domínguez (deceased, as recorded on page 4,953, volume XV), Sergeant Anacleto Aguirre Rivera (deceased, as recorded on page 10,240, volume XXIX), all from the 1st Hunters Company, plus Sergeant José Gajardo Gajardo (deceased, as recorded on page 4,954, volume XV) from the 2nd Hunters Company, joined the group of military personnel present in that sector.

Second Sergeant of the First Hunters Company Arnoldo Aedo Matus was also part of this entourage.

P.- That once the patrol commanded by Captain Vargas arrived at the place, he ordered its members to position themselves behind the detainees who were tied to the stakes, with the exception of Second Sergeant Arnoldo Aedo Matus of the 1st Hunters Company, whom he told to position himself in another place, at a distance, and to proceed to fire shots toward the trees located in a certain sector of Isla Cautín.

This Sergeant Aedo Matus was able to see that the Commander of the regiment, Colonel Pablo Iturriaga Marchesse (deceased, as recorded on page 1,298, volume IV), was present at the place, accompanied by an officer of medium-high stature, and that two civilians were also witnessing the maneuvers in the same sector, recognizing one of them as the advisor lawyer to the Military Prosecutor's Office of Temuco, Oscar Alfonso Ernesto Podlech Michaud.

Q.- That subsequently, the detainees in those conditions were executed at the place one by one and finished off with bursts of gunfire, after which their bodies were sent to the morgue of the regional hospital of Temuco, where the required autopsy was performed, determining the cause of their deaths as indicated: Molina Ruiz, craniocerebral explosion, multiple contused gunshot wounds; Chávez Rivas, craniocerebral explosion, multiple contused wounds from firearm; Valenzuela Velásquez, craniocerebral attrition, multiple contused wounds from firearm; Ruiz Mancilla, shock, comminuted fracture of the pelvis and right femur, multiple gunshot wounds; Montero Mosquera, craniocerebral attrition, multiple contused wounds from firearm; Mardones Jofré, craniocerebral attrition, multiple contused wounds from firearm; Aillañir Huenchual, primary shock, multiple transfixing contused gunshot wounds to the thorax, abdomen, and limbs. Finally, a military communiqué was drafted to be published in the press the following day, reporting an attempted assault on the Isla Cautín ammunition dump by a group of extremists.

R.- That the day after these events occurred, the news appeared in the local written press indicating that an assault had occurred on the Isla Cautín ammunition dump of the Tucapel Regiment, in which an undetermined number of extremists had participated, news that was ratified by Colonel Pablo Iturriaga Marchesse (deceased, as recorded on page 1,298, volume IV), which must be contrasted with what was declared by Manuel Fernández Carranza, who, after the events of November 10, 1973, and once he arrived from a mission he was entrusted with toward the Pucón sector in search of guerrillas, was summoned by the then commander of the 8th Tucapel Regiment of Temuco, Pablo Iturriaga Marchesse (deceased, as recorded on page 1,298, volume IV), to inform him that the assault on the ammunition dump had not been such, but rather an execution carried out at the shooting range, information he gave him personally so that he would not find out through rumors. During the following days, details continued to appear in the press about how these events had occurred and the way in which military personnel had repelled said attack and subsequently had gone out in search of the supposed extremists who were not killed in the confrontation and who managed to flee the place.

In the civil aspect, the visiting minister accepted the filed lawsuit and ordered the state to pay a total compensation of $2,780,000,000 (two billion seven hundred eighty million pesos) for moral damages to the victims' relatives.

Source: pjud.cl, September 21, 2023