On May 13, 1974, José Emiliano CUEVAS CUEVAS, a member of the Communist Party, was detained at the San Rosendo railway station by Carabineros from Laja. From there, he was taken to the Laja Police Station, where he was seen by his spouse.

She herself witnessed how he was subsequently removed from the station in a civilian's car; his whereabouts remain unknown to this day. The Commission considers this case a forced disappearance attributable to Carabineros officers, who thereby violated the victim's human rights. (Rettig Report)

Case File 22.265: Case of Jose Emiliano Cuevas Cuevas

REGARDING THE PARTICIPATION OF ISRAEL ORMEÑO STUARDO: TWELFTH:

That while providing an investigative statement on pages 4 and 185, the accused Israel Ormeño Estuardo denied any participation in the events, noting that he knew Emiliano Cuevas Cuevas, as he has lived in Laja since 1958.

During the administration of Mr. Allende, he knew him better, as this man was a great activist, and when there was nothing to buy, people would turn to him to get something for the house. He further indicates that Cuevas was in charge of the second block of the Laja Municipality, and following the Military Pronouncement of September 1973, he learned that same day that he had fled, and since that date, he has not seen him again.

He indicates that it is true that he owned a 1951 Ford automobile, and he sold it in October or November in Los Ángeles, being paid the sum of 1,500 Escudos. He indicated that he has nothing to do with the reported events, not denying that he knows the Carabineros officers, but that he would not lend himself to the reported acts.

He indicates that Cuevas's entire family were activists and they are all on the run, and he concludes by noting that he knows the officer Pedro Rodríguez Ceballos, but he has never asked him for anything of the sort, as they are not close friends to commit an act such as the one being investigated.

However, on pages 363 and 447, he stated that he had lied in his statements out of fear, and that the truth is that in 1974, he lived in the Commune of Laja, was 32 years old, and was the owner of a butcher shop named Bio Bio, located at 554 Balmaceda Street, across from the Laja sub-station.

He was also the owner of a red 1951 Ford vehicle and knew the entire staff of the Laja Carabineros. He knew Juan de Dios Oviedo Riquelme as he was a tall, somewhat robust, fair-skinned young man who worked with Pedro Rodríguez at the same station.

The detention of José Emiliano Cuevas Cuevas was at the beginning of 1974, and he remembers it because between 08:00 and 09:00 hours, Sergeant Pedro Rodríguez arrived at his shop, dressed in civilian clothes, asking if he could accompany him to transport a detainee, whose name he did not know at that moment.

Given such a request and the times in which they were living, he could not refuse and accepted. He had the vehicle at his house, one block from the station, and left alone to get it. He returned to the station and entered the courtyard with the vehicle.

He waited; it was around 10:00 hours, and from inside the building, Pedro Rodríguez appeared along with Juan Oviedo, who were bringing Emiliano Cuevas in as a detainee. He does not remember if he was handcuffed.

They put this person in his car, and once inside, he recognized him as José Emiliano Cuevas; it was not noticeable that he had been beaten. He remembers that he was wearing a shirt and over it a vest, the color of which he does not remember.

They sat him in the back seat, in the middle, with the officers one on each side, and they took the route that goes from Laja to Highway 5 South. Upon reaching the intersection, Rodríguez told him to stop because they were waiting for a colleague.

Upon saying this, he assumed they were waiting for another Carabinero. After about half an hour, a robust, dark-skinned, slightly "hunchbacked," short person got off a bus coming from Los Ángeles and greeted Rodríguez and Oviedo.

The orders were given by Rodríguez, but Oviedo's attitude was more that of a colleague than a subordinate. Both were dressed in civilian clothes and had revolvers. The third Carabinero spoke with Rodríguez and Oviedo, but he does not know what they discussed.

He remembers that Emiliano Cuevas was being guarded by Oviedo, who, upon seeing this Carabinero, greeted him more like a friend than a colleague—that is, he did not greet him in a military style, but with a handshake.

Everyone got into the vehicle; Rodríguez, in the front seat, ordered that the course to follow be to the north, specifically to the Chillán Regiment. Again, nothing was said during the journey. They arrived at the Chillán Regiment around noon; he was ordered to park outside the regiment.

Everyone got out; Emiliano Cuevas was being guarded by Rodríguez and Oviedo, while the third Carabinero followed behind. He was also ordered to wait for their return. He waited for a quarter of an hour, and the three Carabineros returned, wearing the same clothes, exactly as they had been when they got out.

He noticed they were talking, but upon getting into the vehicle, they stopped. They told him "Mission accomplished" and "Let's go," returning to Laja according to their instructions. He indicates that he did not ask anything, and upon arriving in Laja, he dropped them off outside the Sub-station.

Before his departure, he was threatened by Sergeant Rodríguez, who pointed out that if anyone asked about the detainee, he had nothing to say, because otherwise, he would have to face the consequences.

Afterward, he went home and, out of fear, did not discuss this situation with anyone. He adds that regarding the Carabinero in civilian clothes who got in at the highway junction, some time later—he does not remember the exact date, but it must have been between 1980 and 1990—one day, he had an incident on a bus on the way to Los Ángeles; he was detained and taken to the Centenario Station, which is located at the northern entrance of Los Ángeles, and while he was being searched, he saw this Carabinero in one of the offices, whom he recognized.

This person was not the Commissioner; he was a sergeant, as he wore stripes, two yellow ones. He indicates that he did not speak with him, but he saw him clearly. He even ordered the guard on duty to let him go and summon him to the Tribunal.

He indicates that this person is alive, as when going to Los Ángeles recently, to a Carabineros housing complex in front of the covered Vega market, he encountered a funeral. He entered and again encountered that person, with whom he did not speak, but whom he recognized immediately; he is semi-bald and gray-haired, fat, and more hunched over.

B. REGARDING THE CRIMINAL ACTION

3rd.- That Israel Ormeño Stuardo is sentenced as a co-author of the crime of kidnapping, described and sanctioned in Article 141, paragraphs one and four of the Penal Code, of José Emiliano Cuevas Cuevas, committed on May 14, 1974, in the town of San Rosendo, to the penalty of THREE YEARS AND ONE DAY of minor imprisonment in its maximum degree, to the accessory penalties of absolute perpetual disqualification for political rights and absolute disqualification for public offices and positions during the term of the sentence, plus the costs of the case.

Source: Judiciary, October 13, 2008

Date: 10-13-2008

The Supreme Court issued a final sentence in the investigation into the qualified kidnapping of José Emiliano Cuevas Cuevas, which occurred starting on May 14, 1974, in the town of San Rosendo, Biobío region.

In a split decision, the ministers of the Second Chamber of the highest court, Nibaldo Segura, Jaime Rodríguez, Rubén Ballesteros, Carlos Künsemüler, and the member lawyer Luis Bates, sentenced Israel Ormeño Stuardo to three years and one day of imprisonment, but he was granted the benefit of supervised release.

Miguel Beltrán Santander and Juan Oviedo Riquelme were acquitted due to lack of participation. In the civil aspect, it was determined that the convicted person must pay compensation of $30 million to the plaintiff Sonia Cuevas Hormazábal, and the payment regarding the State Treasury was rejected.

In the criminal aspect, ministers Segura and Ballesteros were in favor of accepting the exception of the statute of limitations for the criminal action and acquitting the convicted person.

Source: latercera.cl 11/11/2009

Date: 11-11-2009