On January 25, 1974, or earlier, PC militants and maternal half-brothers Gerardo Ismael RUBILAR MORALES, 26, an employee, and Ernesto Guillermo SALAMANCA MORALES, 20, a university student, were detained.

Both had been detained after September 11, 1973, during raids carried out in the La Legua neighborhood, where they lived at the time, spending 23 days at the Estadio Nacional. The date of detention could not be precisely determined but must have been January 25, 1974, or shortly before.

On that day of the detention, almost at midnight, the two brothers arrived at their parents' house in Lo Gallardo, near the city of San Antonio, accompanied by approximately 12 heavily armed individuals.

They stated that they had come to try to free the detainees from Tejas Verdes. The brothers appeared nervous. The next morning, they left. However, some of those who had brought the brothers returned and detained Ernesto Salamanca's father and a younger brother, who were taken to Tejas Verdes, where they were heavily tortured and released after being forcibly disappeared for 42 days.

Testimonies that this Commission deems credible confirm that Gerardo Rubilar and Ernesto Salamanca were taken to Tejas Verdes, where their trail was lost. The statements of several witnesses, the situation experienced by the relatives, and the detention—also at Tejas Verdes—of Gerardo Rubilar's girlfriend, allow the Commission to form the conviction that the detainees were forcibly disappeared at the hands of DINA agents, in violation of their human rights, and that the version provided by the political authority of the time, which maintained that the brothers were not being held in detention, must be rejected.

Source: (Rettig Report)

In a unanimous ruling, the appellate court set the total compensation amount that the state must pay to the siblings of the community leaders from the La Legua neighborhood, Gerardo Rubilar Morales and Ernesto Salamanca Morales, who were detained on January 24, 1974, by DINA agents, with their whereabouts and fate remaining unknown since that date, at $400,000,000.

The Santiago Court of Appeals set the total compensation amount that the state must pay to the siblings of the community leaders from the La Legua neighborhood, Gerardo Rubilar Morales and Ernesto Salamanca Morales , who were detained on January 24, 1974, by DINA agents, with their whereabouts and fate remaining unknown since that date, at $400,000,000 (four hundred million pesos).

In a unanimous ruling (case roll 12.236-2022), the Eighth Chamber of the appellate court—composed of ministers Miguel Vázquez, Carlos Escobar, and acting lawyer Gloria Flores—established the appropriateness of prudently and significantly increasing the compensation amount set in the first instance, in light of the psychological report that accounts for the serious damage caused to the plaintiffs by the actions of State agents. “Given the psychological report added to the case, it accounts for moral damage of such magnitude that it corresponds to be set at a higher amount than that established in the appealed ruling, and is therefore set at the sum of $50,000,000 (fifty million pesos) for each of the plaintiffs. This figure must be paid with adjustments according to the variation of the Consumer Price Index, and current interest for adjustable operations, between the date of the enforcement order and that of the actual payment,” the ruling states. “Attending to the merit of the records and the provisions of articles 186 and following of the Code of Civil Procedure, the sentence of June 23, 2022, issued by the Twenty-Fifth Civil Court of Santiago, in case file C-7818-2021, is confirmed , with the declaration that the compensation for damages to be paid as moral damage, for each of the plaintiffs, is set at fifty million pesos ($50,000,000), plus the adjustments and interest indicated above,” it orders.

Source: pjud.cl 12/23/2022

Date: 12-23-2022