Criminal Case No. 81-2011. Villa Los Torreones Case

I.- The defendants Juan José González Andaur and Nelson Hernán Ojeda Soto are sentenced as perpetrators of the crime of qualified homicide against Moisés Ayanao Montoya, committed on October 25, 1973, at kilometer 26 of the Puerto Aysen - Coyhaique road, in the Villa Los Torreones sector, each to a penalty of 541 days of minor imprisonment in its medium degree, to the accessory penalty of absolute perpetual disqualification for political rights, and to absolute disqualification for public offices and positions during the term of the sentence.

Source: Judiciary, October 25, 2013

Coyhaique Court sentences former conscripts for the homicide of a peasant in Valle Simpson

The appellate court ratified the challenged sentence that sentenced the conscript soldiers to 5-year prison terms, with the benefit of supervised release, as co-perpetrators of the crime. In a unanimous ruling, the Court of Appeals of Coyhaique confirmed the sentence that convicted four retired members of the Army for their responsibility in the crime of qualified homicide of Juan Bautista Vera Cárcamo, an illicit act committed on October 10, 1973, in the rural sector of Valle Simpson in the commune.

The appellate court ratified the challenged sentence that sentenced the then-conscript soldiers José Sergio Silva Gutiérrez, Luis Octavio Loy Gómez, Luis Fernando Klenner Cofré, and Tomás Ernesto Paredes Venegas to 5-year prison terms, with the benefit of supervised release, as co-perpetrators of the crime.

During the investigation stage, Judge Luis Sepúlveda managed to establish the following sequence of events: -That in the first days of October 1973, approximately on the 10th of that month and year, the 1st Corporal of the Regimiento N° 14 Aysén, Juan José González Andaur, who was also an instructor and vehicle driver for that military institution, arranged for himself and several conscript soldiers to go to the Villa Frei neighborhood sector in order to detain individuals according to a list or roster he was carrying.

For this purpose, he recruited around 7 conscript soldiers from different sections, telling them they were going to carry out a raid and/or arrests, without indicating the location or the people they were going to raid or detain. -That, as a result of the above, said military patrol, as stated, composed of Corporal González Andaur and around 7 conscript soldiers, among whom were Tomás Ernesto Paredes Venegas, Luis Fernando Klenner Cofré, and José Sergio Silva Gutiérrez, headed to the rural property where Vera Cárcamo lived, located in the sector known as Valle Simpson, approximately 23 kilometers from Coyhaique. When they approached this residence, the military patrol noticed a settler who was performing field work and using an axe to make stakes. -That Corporal González Andaur proceeded to stop the Unimog truck, got out, and went to where the settler was, who turned out to be Juan Bautista Vera Cárcamo, telling him that he was the person they were looking for and that "he had an order to take him arrested to the Regimiento 14 Aysén," without showing any judicial or administrative order, as the corporal was acting, according to him, due to a verbal order given to him by the Regimental Commander, General Humberto Gordon. -That the conscript soldiers Tomás Ernesto Paredes Venegas, Luis Fernando Klenner Cofré, and José Sergio Silva Gutiérrez, who formed the military patrol, each separately declared in their versions of the events that the peasant was ambushed and that Corporal Juan González Andaur gave him an order to run toward the military truck, which the man obeyed, and as he was running, the corporal gave them the order to all shoot the settler in the back. This latter situation is acknowledged by the corporal, even though he claims the order was given because the peasant Vera Cárcamo had resisted arrest and attempted to attack him with the axe, although he never touched him. -That after the shots were fired, Corporal González Andaur approached the settler Vera Cárcamo, verified that he was dead, and ordered the conscript soldiers of the patrol to load the corpse into the back of the Unimog truck. Some of them remained guarding the body while González Andaur drove the truck back to the Regimiento 14 Aysén, and subsequently, with the corpse still on the vehicle, moved the vehicle to the premises of the Regional Intendancy where the Regimental Commander had offices in his capacity as Regional Intendant. He then took the truck again and brought it to the Regiment, where Captain Joaquín Molina allegedly gave him instructions to go and bury the deceased clandestinely in the neighborhood cemetery of the El Claro Sector, which he effectively did in the presence of some of the victim's relatives, who were threatened to remain silent about these events. -That, finally, as a result of this investigation, the precise location where Juan Bautista Vera Cárcamo had been buried was located; his body was exhumed, and subsequently, according to forensic examinations, his remains were identified and handed over to his relatives for their Christian burial.

Source: pjud.cl, October 1, 2018