A retired lieutenant colonel of the Carabineros and five retired non-commissioned officers of the same institution, in addition to one civilian, were convicted by the visiting judge of Temuco, Fernando Carreño, for the kidnapping and disappearance in Pitrufquén in September 1973 of Enrique Tenorio Fuentes, a socialist teacher; Luis Calfuquir Villalón, administrator of the Pitrufquén hospital; and Osvaldo Burgos Lavoz, an agent of the Banco del Estado in that location.

Those convicted in the first-instance ruling are retired Lieutenant Colonel Carlos Moreno Mena (15 years, perpetrator), retired non-commissioned officers Reinaldo Lukowiak Luppy (15 years, perpetrator), Hugo Catalán Lagos (15 years, perpetrator), Domingo Silva Soto (15 years, perpetrator), Germán Fernández Torres (5 years, perpetrator), and Nadir Guzmán Pincheira (3 years, accessory).

The civilian Heriberto Babilek Budic received a sentence of 3 years and one day as an accessory. Only Guzmán and Babilek were granted the benefit of supervised release.

Source: La Nación, October 4, 2007

Supreme Court issues final ruling for dictatorship-era crimes in Pitrufquén

The Second Criminal Chamber of the Supreme Court issued a final ruling for the aggravated kidnapping of Einar Tenorio Fuentes and Luis Calfuquir Villalón, and the aggravated homicide of Osvaldo Burgos Lavoz, which occurred starting September 15, 1973, in the town of Pitrufquén, La Araucanía Region.

In a split decision, the highest court handed down the following sentences: 3 years and one day for Reinaldo Lukowiak Luppy; 729 days for Carlos Moreno Mena, Hugo Nibaldo Catalán Lagos, Domingo Silva Soto, and Germán Fernández Torres; 200 days for Nadir Guzmán Pincheira and Heriberto Babileck Druding.

All those convicted were granted the benefit of supervised release. This ruling was adopted with the dissenting votes of ministers Nibaldo Segura and Rubén Ballesteros, who were of the opinion that the statute of limitations for criminal action should be applied.

Likewise, in the civil sphere, the same judges rejected the payment of that sum by accepting the plea of lack of jurisdiction of the court.

Source: La Nación, Wednesday, December 23, 2009

Supreme Court issued sentences for human rights case in Pitrufquén

The highest court applied various sentences ranging from 729 days in prison to three years and one day for Nadir Guzmán, Carlos Moreno, and Reinaldo Lukowiak for the homicide of Osvaldo Burgos Lavoz and the kidnapping of Einar Tenorio Fuentes and Luis Calfuquir Villalón in 1973.

In a split decision, the Criminal Chamber of the Supreme Court issued a final ruling this Tuesday in the investigation into the aggravated kidnapping of Einar Tenorio Fuentes and Luis Calfuquir Villalón, and the aggravated homicide of Osvaldo Burgos Lavoz, which occurred after the 1973 military coup in the town of Pitrufquén, La Araucanía Region.

Ministers Nibaldo Segura, Rubén Ballesteros, Hugo Dolmestch, Carlos Künsemüller, and the acting lawyer Nelson Pozo determined to sentence Carabineros Captain Carlos Moreno Mena to 729 days in prison for the kidnapping of Einar Tenorio Fuentes, and three years and one day in prison for the aggravated homicide of Osvaldo Burgos Lavoz, granting him the benefit of supervised release.

Regarding Carabineros non-commissioned officer Reinaldo Lukowiak Luppy, a sentence of three years and one day in prison was determined for the kidnappings of Einar Tenorio Fuentes and Luis Calfuquir Villalón.

The benefit of supervised release was granted. Meanwhile, Sergeant Hugo Nibaldo Catalán Lagos was sentenced to 729 days in prison for the kidnapping of Luis Calfuquir Villalón, and three years and one day in prison for the homicide of Osvaldo Burgos Lavoz, granting him the benefit of supervised release.

For Domingo Silva Soto, the highest court determined a sentence of 729 days in prison for the kidnapping of Luis Calfuquir Villalón, and 3 years and one day in prison for the homicide of Osvaldo Burgos Lavoz.

The benefit of supervised release was granted. In turn, non-commissioned officer Germán Fernández Torres was sentenced to 729 days in prison for the kidnapping of Luis Calfuquir Villalón. The benefit of conditional remission of the sentence was granted.

Likewise, a sentence of 200 days in prison was decreed for Sergeant Nadir Guzmán Pincheira, who was sentenced as an accessory to the homicide of Osvaldo Burgos Lavoz. The conditional remission of the sentence was granted.

Heriberto Babileck Druding received the same sentence as an accessory to the homicide of Osvaldo Burgos Lavoz. In the civil aspect, the State of Chile was ordered to pay $75 million to Verónica Tenorio Aguilera, daughter of Einar Tenorio Fuentes, as compensation for moral damages.

In the criminal aspect, the decision was adopted with the dissenting votes of ministers Segura and Ballesteros, who were of the opinion that the statute of limitations for criminal action should be applied; meanwhile, in the civil aspect, the same ministers determined to reject the payment and accept the plea of lack of jurisdiction of the court.

Source: Adnradio.cl, December 22, 2009