Santiago Court reduces sentences for retired Carabineros for kidnapping and homicide at Recoleta sub-precinct.

The appellate court sentenced Alan Hernán González Morán and Luis Humberto Solís Lillo to two terms of 2 years and 6 months of imprisonment, with the benefit of intensive supervised release for a period of 5 years, as perpetrators of the crimes.

In a unanimous ruling, the Santiago Court of Appeals reduced the sentences to be served by two former members of the Carabineros as responsible for the crimes of simple homicide of Juan Carlos Valle Cortés, and the aggravated kidnapping of Juan Ortiz Moraga, illicit acts perpetrated in October 1973, in the commune of Recoleta.

The appellate court sentenced Alan Hernán González Morán and Luis Humberto Solís Lillo to two terms of 2 years and 6 months of imprisonment, with the benefit of intensive supervised release for a period of 5 years, as perpetrators of the crimes.

In the case, the court acquitted González Morán and Solís Lillo of the accusation that identified them as perpetrators of the crime of aggravated homicide of Sergio Alejandro Alcapia Cienfuego. During the investigation stage of the case, Judge Mario Carroza established that: on October 21, 1973, at approximately 12:15 hours, Juan Osvaldo Ortiz Moraga, Juan Carlos Valle Cortés, and Sergio Alejandro Alcapia Cienfuego were detained—the first at his home on Calle Guillermo N° 2629, Recoleta, and the other two on the public thoroughfare—by personnel of the Carabineros assigned to the Recoleta Sub-precinct and, specifically, Mr. Ortiz Moraga and Mr. Valle Cortés were detained by Carabineros officers Juan Aros Ojeda and Luis Humberto Solís Lillo; the detainees were taken to said police unit and, at least Ortiz Moraga and Valle Cortés, were handed over to the Guard Sub-officer, Mr. Alan González Morán, a facility where Carabinero Hugo Pizarro Wittemberg—who died on August 4, 2017—was on duty. The lifeless bodies of Mr. Alcapia Cienfuego and Mr. Valle Cortés were subsequently found by their relatives at the Legal Medical Service, with said bodies having been found at kilometer 12 of the Carretera General San Martín on that same day, October 21, 1973, with gunshot wounds to the skull with projectile exit; the detainee Mr. Ortiz Moraga was last seen inside the Recoleta Sub-precinct and there is no news of his whereabouts to this day. It is also a fact that the detainees Mr. Ortiz Moraga and Mr. Valle Cortés appear to have signed their release records from the aforementioned Sub-precinct at 17:15 hours on that day, October 21, 1973, a record that is "obviously false." Regarding the civil aspect, with the dissenting vote of Judge Mera, the judgment ordering the State to pay compensation of $100,000,000 to the relatives of Ortiz Moraga was upheld.

Source: pjud.cl, November 20, 2018