Date of Birth : 06-02-41, 32 years old at the time of detention. Address : Población Zañartu, Calle 20 de Noviembre, house 90, Chillán Marital Status : Married, 9 children (the youngest of whom was posthumous).

Occupation : Agricultural worker Representative Role : Peasant Union Leader, treasurer of the "Santa Rita" Settlement in Cato, Chillán. No known political affiliation. Date of Detention : October 22, 1973

REPRESSIVE SITUATION

Gilberto de la Cruz Pino Baeza, married, father of 9, agricultural worker, union leader, with no known political affiliation, was detained on October 22, 1973, while performing agricultural work at the Santa Rita Settlement where he was employed.

A patrol of Carabineros from the 2nd Precinct of Chillán arrived at the location, arrested him, and took him to that police facility. Along with him, three other people from the area were detained; one of them was Sergio Cádiz Cortés, who also remains in the status of forcibly disappeared.

His relatives made efforts to search for the affected man at the 2nd Precinct, the Regiment, and the Public Jail without obtaining any information, and his whereabouts remain unknown to this day.

It should be noted that his name appeared on the list of 63 people "presumably disappeared who were located in reports from the Legal Medical Institute of Santiago," which was released by the delegate of the government of Chile to the United Nations, Sergio Diez, in November 1975.

In this list, Gilberto Pino is listed as having died on September 22, 1973, at 10:15 hours—that is, one month before his detention. Subsequent investigations into this list failed to clarify its origin, the individuals responsible for its creation, or the veracity of the information.

JUDICIAL AND/OR ADMINISTRATIVE ACTIONS

His spouse, Rosa Hortensia Parra Vásquez, filed an amparo (habeas corpus) petition on his behalf on December 20, 1974, case file No. 94.287, at the Chillán Court of Appeals.

When information was requested from the Chillán Jail, the Warden stated that the affected man was not detained there; for its part, the 2nd Precinct of Chillán reported that, after reviewing the guard logs of that unit, the Ñuble Highway Station, and dependent outposts, it was verified that the affected man was not detained by personnel of that Precinct either before or after October 22, 1973.

Considering these two reports, the Court dismissed the amparo petition on January 3, 1975.

For his part, the spouse of the other forcibly disappeared person detained on the same date and under similar circumstances, Sergio Cádiz Cortés, filed an amparo petition before the same Court on May 7, 1975, which was also rejected.

However, in this case, the Court ordered the records to be sent to the Criminal Court on Duty to continue the investigation. Thus, on May 14, 1975, the summary investigation for the presumed misfortune of both detainees was initiated, case file 41.718 in the 1st Court of Chillán.

During the course of the investigation, the courts of Chillán and nearby localities were requested to report whether the affected individuals had been detained or prosecuted starting from October 22, 1973, to which they responded negatively; the same occurred in the case of the official letters sent to the Military Prosecutor's Office and the Chillán Jail.

For his part, the Prefect, Carabineros Colonel Guillermo Carrasco Acuña, informed the Tribunal that Gilberto de la Cruz Pino Baeza was arrested on October 22 at 19:00 hours on the road to Cato at kilometer 18, for having been caught acting suspiciously and failing to provide satisfactory explanations.

The detention was carried out by a Carabineros patrol from the 2nd Precinct under the command of Lieutenant Patricio Jeldres, and he was released the following day at 17:10 hours due to a lack of evidence against him.

A summons was sent to the aforementioned Lieutenant, but the Precinct reported that he had been transferred to the Carabineros school in Santiago.

In compliance with the order to investigate, an official from the Investigations department went to the 2nd Carabineros Precinct, where he was informed that Sergio Cádiz and Gilberto Pino were detained as suspects on October 22, 1973, at 19:00 hours on the road to Cato by a Carabineros patrol under the command of Lieutenant Jeldres, and released on October 23 at 17:10 hours.

On August 20, the summary was declared closed and the case was temporarily dismissed because the crime could not be proven, which was approved by the Court of Appeals on August 26.

The investigation was restarted following a criminal complaint filed on October 3, 1979, by the wives of both forcibly disappeared men, which was consolidated with case 41.718 for presumed misfortune.

In this new stage of the investigation of the facts, the Prefect of Ñuble, Carabineros Colonel Enzo Claudio Meniconi Lorca, reported that, after reviewing the corresponding documentation, the detention of neither of the two affected individuals appears, and that on that date, October 1973, the Intelligence Service did not yet exist in that Unit; regarding the request for the personnel roster of the 2nd Precinct at the time, he rejected the request because that information is "secret in nature."

On May 21, 1980, the judge, Luis Carrasco González, declared the temporary dismissal of the case because the perpetration of the crime was not completely justified. This resolution was approved by the Chillán Court of Appeals on May 29.

Source: Vicariate of Solidarity

The minister on extraordinary assignment for human rights violation cases of the Concepción Court of Appeals, Carlos Aldana, initiated proceedings against former Carabineros Colonel Patricio Enrique Jeldres Rodríguez, as the perpetrator of the crime of consummated qualified kidnapping of brothers Gustavo Efraín Domínguez Jara, 27, and Tomás Rogelio Domínguez Jara, 23, and Wilson Alfredo Becerra Cifuentes, 25, an illicit act committed on October 11, 1973.

According to the evidence gathered in the investigation, it was determined that around 16:00 hours on October 11, 1973, a Carabineros patrol from the Second Precinct of Chillán, under the command of then-Lieutenant Patricio Jeldres, all armed with submachine guns and in combat gear, headed to the commune of San Nicolás.

They were met by local Carabineros and, under the orders of Lieutenant Jeldres, proceeded to the "Ránquil" Peasant Settlement—today the Victoria estate—which was working on land exploited by the CORA.

"(...) a place where they proceeded to detain several of its leaders, who were tortured for several hours—submerging them in a water tank, applying electric shocks, and beating them on their bodies—all in the presence of their families, including minors.

Then, at dusk, they took Gustavo Efraín and Tomás Rogelio Domínguez Jara and Wilson Alfredo Becerra Cifuentes to the entrance of the 'Puente El Ala' over the Ñuble River, where they were last seen alive, a date from which all news of their whereabouts or fate is unknown," the resolution indicated.

Magistrate Aldana Fuentes led a scene reconstruction proceeding today, May 15, regarding the episode at the "Ránquil"-San Nicolás peasant settlement (Case File 8-2017), in which the disappearance of the three peasant leaders occurred.

"It has been important, since the witnesses have recreated what they stated in their testimonies, which have been contrasted with the buildings and other evidence from the crime scene, so what has been done on this occasion has significant relevance for the case," he indicated.

On the other hand, Minister Aldana detailed that he will maintain active work in the Ñuble province during the months of May and June of this year. "Next week there are two scene reconstructions for two different cases and, subsequently, a third in another proceeding," he concluded.

The magistrate took over the cases for investigations of human rights violations of the Chillán Court of Appeals last March, following the reassignment of cases determined by the Supreme Court.

During the extremely slow processing of this case, in November 2012, Jeldres Rodríguez benefited from a resolution by Minister Claudio Arias of the Chillán Court, who decided to dismiss the case of the kidnapping and disappearance of these three peasants; however, the Concepción Court of Appeals ordered the reopening of the case, which, processed by Minister Arias, has not advanced at all.

Claudio Arias is one of those cases of dyed-in-the-wool reactionaries dedicated to protecting and benefiting criminals from the position of power represented by his role as a judicial official.

Despite Arias, by conviction of the Supreme Court in January 2014, Jeldres Rodríguez is also serving a sentence for the qualified kidnapping of peasants Sergio Enrique Cádiz Cortés and GILBERTO DE LA CRUZ PINO BAEZA, leaders of the Santa Rita settlement in the town of Cato, in Chillán.

In other cases in which this consummate criminal in uniform has been implicated, he has remained unpunished, until now.

Source: RESUMEN.CL 05/16/2017 Date: 05-16-2017

Supreme Court issues sentences in four human rights cases (excerpt)

The Second Chamber of the Supreme Court issued a final sentence in four proceedings for human rights violations, for events that occurred in Santiago, Valparaíso, and Chillán.

In the third ruling, the Criminal Chamber accepted the appeal for annulment filed against the sentence of the Chillán Court of Appeals that acquitted retired Carabineros officer Patricio Jeldres Rodríguez of responsibility for the crime of qualified homicide of Luis Ibarra Durán, an illicit act perpetrated in September 1973, in Chillán.

The highest Court decided to unify the sanction for the homicide of Ibarra Durán with the sentence of 5 years and one day of imprisonment that Jeldres Rodríguez is serving as responsible for the qualified kidnappings of Sergio Enrique Cádiz Cortés and Gilberto de la Cruz Pino Baeza, which occurred in October 1973, in Chillán.

In the investigation stage, Minister Arias managed to determine that "Luis Ibarra Durán, without having committed any crime and without an order from a legally authorized authority, was illegitimately deprived of his liberty by Carabineros officials assigned to the 2nd Precinct of Chillán, together with members of the 9th Reinforced Regiment of that city, under the command of then-Lieutenant Patricio Jeldres Rodríguez, being taken to that police unit where he was illegally held and tortured until all news of him was lost."

In the civil aspect, the ruling ratified the sentence that ordered the state to pay $50,000,000 (fifty million pesos) to the victim's widow, Rosa Ester Leal Carrasco; and an equal amount to each daughter: Rosa Ester and Jacqueline Ibarra Leal. (excerpt)

Source: diarioconstitucional.cl 05/26/2016 Date: 05-26-2016

Retired Carabineros general convicted for kidnapping of 2 peasants in 1973 sent to Punta Peuco

Retired Carabineros General Patricio Jeldres Rodríguez was taken to the Punta Peuco prison after being notified of his 5-year and one-day prison sentence for the qualified kidnapping of Sergio Cádiz and Gilberto Pino, which occurred in the Cato sector of the Chillán commune on October 22, 1973.

Jeldres should have appeared last week before the minister of the Chillán Court of Appeals who is investigating human rights cases, Claudio Arias, to be notified of the ruling issued by the Supreme Court.

However, as he did not appear, an arrest warrant was issued against him. Finally, Jeldres chose to turn himself in, and this Monday he appeared before the Chillán courts, where he was notified of his sentence.

Subsequently, and under Gendarmerie custody, he was transferred to the Punta Peuco prison in the Metropolitan Region, where he will serve his sentence.

The victims Sergio Enrique Cádiz Cortés was 28 years old, an agricultural worker, Secretary of the "Isabel Riquelme" Peasant Union Federation, and a member of the Socialist Party. Gilberto de la Cruz Pino Baeza was 32 years old and an agricultural worker.

The former was arrested at his home and the latter at his workplace. Their captors were Carabineros belonging to the 2nd Precinct of Chillán. Both had been detained previously at that Precinct and at the Chillán Regiment and were released with the obligation to report to sign in at the Cato Carabineros Barracks.

The arrest of October 22 was officially acknowledged by Carabineros, but it was stated that they had been released the following day. However, since that date, there has been no further news of them.

In the first-instance sentence, the minister for human rights cases of the Chillán Court of Appeals, Claudio Arias, had acquitted Jeldres Rodríguez, who was a lieutenant at the time and in charge of the Carabineros patrol from the Second Precinct that carried out the detentions.

After the corresponding appeal by the plaintiff, the Chillán Court of Appeals revoked that ruling and sentenced Patricio Jeldres to a single penalty of 5 years of imprisonment in its maximum degree, granting him the benefit of supervised release.

The lawyer for the Human Rights Program, Patricia Parra, filed an appeal for annulment before the Supreme Court, a court that finally revoked the resolution and sentenced Jeldres to a single penalty of 5 years and one day, without benefits, because it was a crime against humanity, which does not admit partial statute of limitations.

Source: agenciadenoticias.org, February 19, 2014 Date: 02-19-2014

Supreme Court issued final sentence for kidnappings of Sergio Cádiz Cortés and Gilberto Pino Baeza

Patricio Jeldres Rodríguez was sentenced to 5 years, without benefits, in his capacity as the perpetrator of the crimes of qualified kidnapping, while the state must pay $50 million in compensation to each of the 10 family members who filed the lawsuit.

The Supreme Court issued a final sentence in the case of the qualified kidnappings of Sergio Cádiz Cortés and Gilberto Pino Baeza, which occurred starting October 22, 1973, in Chillán; in a ruling that states that "the present illicit act was carried out, as is of public knowledge, in a context of grave, massive, and systematic human rights violations."

The ministers of the Second Chamber, Milton Juica, Hugo Dolmestch, Carlos Künsemüller, Haroldo Brito, and Ricardo Blanco, accepted, in a split decision, the appeal for annulment filed against the sentence of the Chillán Court of Appeals, determining a penalty of 5 years and one day of imprisonment, without benefits, because it was a crime against humanity that does not admit partial statute of limitations, plus the absolute perpetual disqualification for public offices and political rights and the absolute disqualification for professional practice while the sentence lasts, in addition to the payment of court costs.

Furthermore, the claims for compensation for damages against the State were accepted, and it is ordered to pay 50 million pesos to each of the plaintiffs.

It is worth remembering that, according to the site Memoria Viva, union leader Gilberto de la Cruz Pino Baeza was detained by a Carabineros patrol from the Second Precinct of Chillán along with Sergio Cádiz Cortés and two other people from the sector on October 22, 1973, while he was performing agricultural work at the Santa Rita Settlement.

The sentence was adopted with the dissenting vote of Minister Dolmestch, who considered that the partial statute of limitations should be applied and the sentence maintained at 5 years of imprisonment with the benefit of supervised release. In addition, he was in favor of raising the amount of compensation to $100 million.

Source: soychile.cl 01/10/2014 Date: 01-10-2014

New data on forcibly disappeared MAPU members

We have learned that two peasant comrades from Chillán were members of the MAPU until their disappearance in October 1973.

They are Sergio Enrique Cádiz Cortés and Gilberto de la Cruz Pino Baeza.

Comrade Pino appears in the Rettig Report with no known political affiliation, and Comrade Cádiz as a socialist; however, there are testimonies that they were MAPU members at the time of the coup and of their detentions and disappearances.

Both were workers at the same settlement (Santa Rosa de Cato), were detained for the first time around September or October 1973, and for the second time on October 22, 1973, by Carabineros of the Second Precinct, to which they were taken, with their whereabouts unknown since then.

We know it is difficult to find witnesses from that time because the PS leadership was hit very hard: its regional secretary Reinaldo Poseck and the mayor of Chillán (PS) were killed around the same days, and the regional leadership was heavily persecuted.

We request cooperation to better understand these cases and manage to define their affiliation. In any case, we must reactivate the memory of the martyrs of the people.

Any information, please send to: mapusantiago@gmail.com.

Source: mapuenlalucha.blogspot.com 09/18/2009 Date: 09-18-2009