Supreme Court sentences retired Carabineros officer for homicide at the Gorbea police station in September 1973.

In a unanimous ruling, the Supreme Court sentenced 4 retired members of the Carabineros for the qualified homicide of Domingo Obreque Obreque, which occurred at the end of September 1973 in the town of Gorbea, Araucanía region.

The highest court sentenced Hugo Cruz Castillo and Carlos Alarcón Torres to 10 years and one day in prison for their responsibility as perpetrators of the homicide. Meanwhile, José Luis Guzmán Sandoval must serve a sentence of 5 years and one day in prison for his responsibility in the events.

Additionally, Gonzalo Arias González was acquitted of his participation as an accessory to the facts, as his responsibility could not be determined. Likewise, regarding Patricio Burgueño Robles, a unification of sentences was accepted, and he was sentenced to a single term of 15 years and one day in prison for the homicide of Obreque Obreque, the application of illegitimate coercion as provided for in Article 150, No. 1a against Hilda Francisca Gana Mardones, and the qualified homicide of Nicanor Moyano Valdés.

The investigation by the visiting judge Álvaro Mesa Latorre established that: A.- That after September 11, 1973, as a result of an order issued nationwide for the armed and security institutions, the Gorbea Carabineros Station increased its staff, as lower units were withdrawn, and the uniformed officers were required to sleep at the unit, as the order compelled them to remain in a state of barracks confinement or grade 1.

As a result of the above, there was a separation of functions in said police unit, with its Lieutenant, Patricio Horacio Burgueño Robles, dedicating himself, along with a group of his trusted men, to detaining and interrogating people who had political ties or social relevance.

B.- That on September 28, 1973, a patrol from the Gorbea Carabineros Station, composed of Lieutenant Burgueño and the Carabinero Carlos Alberto Alarcón Torres, went in the afternoon to the home of Domingo Antonio Obreque Obreque, who was apprehended without a judicial warrant in the presence of his three minor children and his spouse, to be taken to the Gorbea Carabineros Station.

In order to verify that Domingo Obreque Obreque was admitted to the police unit, his spouse and the couple's eldest son, 12 years of age, followed the police vehicle on bicycles, being able to observe Obreque's actual entry into that place.

C.- That at the Gorbea Carabineros Station, Domingo Obreque Obreque was taken directly to the stables area, where he was interrogated by Lieutenant Burgueño and Carabineros from his trusted group, among whom were Hugo Cruz Castillo, José Luis Guzmán Sandoval, and Fidel Freire Obando.

Furthermore, he was subjected to illegitimate coercion, consisting of punches to his face and abdomen, which were carried out by Lieutenant Burgueño and the Carabinero Freire Obando. After a few minutes, and as a result of the physical coercion received, Obreque Obreque died at the scene, for which the Officer notified the Commissar of the Pitrufquén Carabineros Station, Sergio Callís, who arrived at the police unit, ordered that the entire staff of the station be present, and ordered the body to be made to disappear.

For this reason, Lieutenant Burgueño, together with the Carabineros José Luis Guzmán Sandoval and Fidel Freire Obando, were in charge of transporting the body to the Quepe River and throwing it into its waters.

D.- That the following day, and having no news of Domingo Obreque Obreque, his spouse went to the guardroom of the Gorbea Carabineros Station, where she was informed that he was still being held, and she was not allowed to leave food or cleaning supplies.

Due to the above, Rosalina Varas Vergara went to the unit for three days in a row, always receiving the same answer. However, on the third day, at the station's guardroom, the Carabinero Hugo Cruz Castillo—who had provided her with the information the first time—indicated that a military patrol from a unit he did not know had come to pick up Domingo Obreque Obreque and that he had been taken to an unknown destination, so he suggested she go to the nearest military units and request information there.

What was stated by Cruz Castillo was the information that the station and commissariat superiors ordered to be communicated to their subordinates, in order not to reveal the whereabouts and circumstances of the death of Domingo Obreque Obreque.

E.- That most of the members of the Gorbea Carabineros Station learned of everything mentioned above, since on one occasion, while they were dining at the unit, there was a verbal altercation regarding what happened to Obreque Obreque between Fidel Freire Obando and José Luis Guzmán Sandoval, who were participants in the act.

Furthermore, at a later date, due to the insistence of Obreque's spouse, the Sub-prefect of Carabineros of Cautín, Gonzalo Enrique Arias González, arrived at the Gorbea Carabineros Station and interrogated Lieutenant Burgueño about Obreque's whereabouts, with several of the uniformed officers who made up that staff and the complainant herself present.

Subsequently, Arias González summoned Obreque's spouse to the Cautín Prefecture facilities, telling her not to continue searching for her husband, without giving her further explanations. F.- That following the line described in the last part of letter A of this consideration, in the month of September 1973, Hilda Francisca Gana Mardones, a teacher at School No. 6 in Gorbea, was detained on a public street by Gorbea Carabineros personnel and transported in a vehicle to her home located in the same commune for the purpose of conducting a raid, as they accused her of keeping weapons hidden there. This was done under constant threats and insults toward the aforementioned teacher. G.- That upon obtaining no positive results in the raid carried out at the home of Hilda Gana Mardones, she was transported by the same arresting officers to the Gorbea Carabineros Station and placed at the disposal of Patricio Horacio Burgueño Robles, who, in his office, interrogated her regarding her daily activities and her connections with other detainees, searched the belongings she was carrying at that time, and immediately indicated to her that the reason for her apprehension was due to her political militancy. H.- That after conducting the interrogation, Burgueño Robles ordered her to undress. The detainee resisted, at which point the same officer proceeded to remove her belongings, so she stopped resisting and began to do so herself. While she was naked, the same Lieutenant took her to the police station's guardroom, exhibiting the naked detainee to the officers who were in that place, while he insulted and threatened her. Subsequently, she was taken to one of the cells, where she spent the night, and the following day she was released by order of the same Officer, who told her that she would continue to be watched. In civil matters, the sentence ordering the State to pay a total compensation of $247,000,000 to the victim's family members was confirmed.

Source: diarioconstitucional.cl, October 23, 2019

5 retired Carabineros sentenced to 15 years in prison as perpetrators of the qualified homicide of Domingo Antonio Obreque

Judge Álvaro Mesa sentenced 5 retired Carabineros to 15 years in prison as perpetrators of the qualified homicide of Domingo Antonio Obreque. The extraordinary visiting judge for human rights violation cases of the Courts of Appeal of Temuco, Valdivia, and Puerto Montt, Álvaro Mesa Latorre, sentenced 5 retired Carabineros officers to up to 15 years in prison for their responsibility as perpetrators or accessories to the crime of qualified homicide of Domingo Antonio Obreque and for the crime of illegitimate coercion of Hilda Francisca Gana Mardones.

These crimes were perpetrated in Gorbea at the end of September 1973. The magistrate sentenced Hugo Omar Cruz Castillo and Carlos Alberto Alarcón Torres as perpetrators of the crime of qualified homicide of Domingo Antonio Obreque Obreque, perpetrated in Gorbea at the end of September 1973, to a sentence of 15 years in prison.

Additionally, Patricio Horacio Burgueño Robles was sentenced to 15 years in prison as a perpetrator of the crime of qualified homicide of Domingo Antonio Obreque Obreque and to 541 days in prison as a perpetrator of the crime of illegitimate coercion of Hilda Francisca Gana Mardones.

Finally, José Luis Guzmán Sandoval must serve a sentence of 11 years in prison as a perpetrator of the crime of qualified homicide of Domingo Antonio Obreque Obreque, and Gonzalo Enrique Arias González was sentenced to 5 years in prison, with the benefit of supervised release, as an accessory to the crime of qualified homicide of Domingo Antonio Obreque Obreque.

In civil matters, the judge ordered the State to pay the sum of $235,000,000 (two hundred and thirty-five million pesos) as compensation for damages for moral harm resulting from the crime of qualified homicide of Domingo Antonio Obreque Obreque, and in the case of the illegitimate coercion of Hilda Gana Mardones, the sum corresponds to $12,000,000 (twelve million pesos).

In the investigation, Judge Álvaro Mesa established: "A.- That after September 11, 1973, as a result of an order issued nationwide for the armed and security institutions, the Gorbea Carabineros Station increased its staff, as lower units were withdrawn, and the uniformed officers were required to sleep at the unit, as the order compelled them to remain in a state of barracks confinement or grade 1.

As a result of the above, there was a separation of functions in said police unit, with its Lieutenant, Patricio Horacio Burgueño Robles, dedicating himself, along with a group of his trusted men, to detaining and interrogating people who had political ties or social relevance.

B.- That on September 28, 1973, a patrol from the Gorbea Carabineros Station, composed of Lieutenant Burgueño and the Carabinero Carlos Alberto Alarcón Torres, went in the afternoon to the home of Domingo Antonio Obreque Obreque, who was apprehended without a judicial warrant in the presence of his three minor children and his spouse, to be taken to the Gorbea Carabineros Station.

In order to verify that Domingo Obreque Obreque was admitted to the police unit, his spouse and the couple's eldest son, 12 years of age, followed the police vehicle on bicycles, being able to observe Obreque's actual entry into that place.

C.- That at the Gorbea Carabineros Station, Domingo Obreque Obreque was taken directly to the stables area, where he was interrogated by Lieutenant Burgueño and Carabineros from his trusted group, among whom were Hugo Cruz Castillo, José Luis Guzmán Sandoval, and Fidel Freire Obando.

Furthermore, he was subjected to illegitimate coercion, consisting of punches to his face and abdomen, which were carried out by Lieutenant Burgueño and the Carabinero Freire Obando. After a few minutes, and as a result of the physical coercion received, Obreque Obreque died at the scene, for which the Officer notified the Commissar of the Pitrufquén Carabineros Station, Sergio Callís, who arrived at the police unit, ordered that the entire staff of the station be present, and ordered the body to be made to disappear.

For this reason, Lieutenant Burgueño, together with the Carabineros José Luis Guzmán Sandoval and Fidel Freire Obando, were in charge of transporting the body to the Quepe River and throwing it into its waters.

D.- That the following day, and having no news of Domingo Obreque Obreque, his spouse went to the guardroom of the Gorbea Carabineros Station, where she was informed that he was still being held, and she was not allowed to leave food or cleaning supplies.

Due to the above, Rosalina Varas Vergara went to the unit for three days in a row, always receiving the same answer. However, on the third day, at the station's guardroom, the Carabinero Hugo Cruz Castillo—who had provided her with the information the first time—indicated that a military patrol from a unit he did not know had come to pick up Domingo Obreque Obreque and that he had been taken to an unknown destination, so he suggested she go to the nearest military units and request information there.

What was stated by Cruz Castillo was the information that the station and commissariat superiors ordered to be communicated to their subordinates, in order not to reveal the whereabouts and circumstances of the death of Domingo Obreque Obreque.

E.- That most of the members of the Gorbea Carabineros Station learned of everything mentioned above, since on one occasion, while they were dining at the unit, there was a verbal altercation regarding what happened to Obreque Obreque between Fidel Freire Obando and José Luis Guzmán Sandoval, who were participants in the act.

Furthermore, at a later date, due to the insistence of Obreque's spouse, the Sub-prefect of Carabineros of Cautín, Gonzalo Enrique Arias González, arrived at the Gorbea Carabineros Station and interrogated Lieutenant Burgueño about Obreque's whereabouts, with several of the uniformed officers who made up that staff and the complainant herself present.

Subsequently, Arias González summoned Obreque's spouse to the Cautín Prefecture facilities, telling her not to continue searching for her husband, without giving her further explanations. F.- That following the line described in the last part of letter A of this consideration, in the month of September 1973, Hilda Francisca Gana Mardones, a teacher at School No. 6 in Gorbea, was detained on a public street by Gorbea Carabineros personnel and transported in a vehicle to her home located in the same commune for the purpose of conducting a raid, as they accused her of keeping weapons hidden there. This was done under constant threats and insults toward the aforementioned teacher. G.- That upon obtaining no positive results in the raid carried out at the home of Hilda Gana Mardones, she was transported by the same arresting officers to the Gorbea Carabineros Station and placed at the disposal of Patricio Horacio Burgueño Robles, who, in his office, interrogated her regarding her daily activities and her connections with other detainees, searched the belongings she was carrying at that time, and immediately indicated to her that the reason for her apprehension was due to her political militancy. H.- That after conducting the interrogation, Burgueño Robles ordered her to undress. The detainee resisted, at which point the same officer proceeded to remove her belongings, so she stopped resisting and began to do so herself. While she was naked, the same Lieutenant took her to the police station's guardroom, exhibiting the naked detainee to the officers who were in that place, while he insulted and threatened her. Subsequently, she was taken to one of the cells, where she spent the night, and the following day she was released by order of the same Officer, who told her that she would continue to be watched," the ruling points out.

Source: araucaniacuenta.cl, April 24, 2017

Freedom denied to former Carabinero prosecuted as perpetrator of homicide of an accountant in Gorbea

This Tuesday, the Temuco Court of Appeal confirmed that a retired Carabinero will remain deprived of liberty and prosecuted as the perpetrator of the qualified homicide of an accountant during the dictatorship period in the city of Gorbea.

Rosalina Vara, wife of the forcibly disappeared accountant, Domingo Obreque Obreque, accompanied by a daughter, listened to the arguments requesting the release of the former Carabinero, Hugo Cruz Castillo, who is prosecuted as the perpetrator of qualified homicide for the event that occurred during the dictatorship.

The lawyer, Sebastián Saavedra, pointed out the danger to society that the release of the former police officer represents, since it has been proven that Obreque was beaten to death at the Gorbea station.

The lawyer, Armin Castillo, appealed to the higher court to obtain bail for Hugo Cruz Castillo, who, after leaving the ranks of the Carabineros, worked in real estate brokerage in Villarrica. The episodes of human rights violations carried out by Carabineros officers who performed duties in the commune of Gorbea after the 1973 military coup have left Fidel Freire Obando, Patricio Burgueño Robles, José Luis Guzmán Sandoval, and Hugo Omar Cruz Castillo deprived of liberty at the Second Commissariat of Temuco.

Source: biobiochile.cl, August 6, 2013

Former Villarrica Carabinero sentenced to 15 years in prison as perpetrator of qualified homicide

The extraordinary visiting judge for human rights violation cases of the Courts of Appeal of Temuco, Valdivia, and Puerto Montt, Álvaro Mesa Latorre, sentenced five retired Carabineros officers to up to 15 years in prison for their responsibility as perpetrators or accessories to the crime of qualified homicide of Domingo Antonio Obreque and for the crime of illegitimate coercion of Hilda Francisca Gana Mardones.

These crimes were perpetrated in Gorbea at the end of September 1973. The magistrate sentenced Hugo Omar Cruz Castillo, residing in Villarrica, and Carlos Alberto Alarcón Torres as perpetrators of the crime of qualified homicide of Domingo Antonio Obreque Obreque, perpetrated in Gorbea at the end of September 1973, to a sentence of 15 years in prison.

Additionally, Patricio Horacio Burgueño Robles was sentenced to 15 years in prison as a perpetrator of the crime of qualified homicide of Domingo Antonio Obreque Obreque and to 541 days in prison as a perpetrator of the crime of illegitimate coercion of Hilda Francisca Gana Mardones.

Finally, José Luis Guzmán Sandoval must serve a sentence of 11 years in prison as a perpetrator of the crime of qualified homicide of Domingo Antonio Obreque Obreque, and Gonzalo Enrique Arias González was sentenced to 5 years in prison, with the benefit of supervised release, as an accessory to the crime of qualified homicide of Domingo Antonio Obreque Obreque.

In civil matters, the judge ordered the State to pay the sum of $235,000,000 (two hundred and thirty-five million pesos) as compensation for damages for moral harm resulting from the crime of qualified homicide of Domingo Antonio Obreque Obreque, and in the case of the illegitimate coercion of Hilda Gana Mardones, the sum corresponds to $12,000,000 (twelve million pesos).

Source: redinformativa.cl, April 25, 2017