Case File No. 8-2010 Linares: Querubín Bernardo Cuevas Parra case

B). Hugo Enrique González Yáñez, previously identified, is sentenced to five hundred and forty-one days of minor imprisonment in its medium degree, suspension from public office or position during the term of the sentence, and payment of court costs, as the perpetrator of the crime of application of torture or use of unnecessary rigor, to the detriment of Querubín Bernardo Cuevas Parra, committed in Linares between the last quarter of 1973 and January 1974, as provided for and sanctioned in Article 150 No. 1 of the Penal Code in force at the time of its perpetration.

As he meets the requirements set forth in Article 4 of Law 18.216 (text prior to its amendment by Law 20.603), the corporal punishment imposed is conditionally remitted, and he must remain under observation for a period of five hundred and forty-one days and comply with the other requirements of Article 5 of said law.

If he must serve the corporal punishment, it shall be counted from the day he presents himself to serve it or is apprehended, and the five days he was deprived of liberty in this case shall be credited, that is, from April 16, 2015, to April 20, 2015, as recorded on pages 993 and 1022, respectively.

C). Sergio Germán Gallardo López, previously identified, is sentenced to five hundred and forty-one days of minor imprisonment in its medium degree, suspension from public office or position during the term of the sentence, and payment of court costs, as the perpetrator of the crime of application of torture or use of unnecessary rigor, to the detriment of Querubín Bernardo Cuevas Parra, committed in Linares between the last quarter of 1973 and January 1974, as provided for and sanctioned in Article 150 No. 1 of the Penal Code in force at the time of its perpetration.

As he meets the requirements set forth in Article 4 of Law 18.216 (text prior to its amendment by Law 20.603), the corporal punishment imposed is conditionally remitted, and he must remain under observation for a period of five hundred and forty-one days and comply with the other requirements of Article 5 of said law.

If he must serve the corporal punishment, it shall be counted from the day he presents himself to serve it or is apprehended, and the two days he was deprived of liberty in this case shall be credited, that is, from March 22, 2016, to March 23, 2016, as recorded on pages 1529 and 1544, respectively.

D). Carlos Luis Romero Muñoz, previously identified, is sentenced to three years and one day of minor imprisonment in its maximum degree, absolute perpetual disqualification from political rights, absolute disqualification from public offices and positions during the term of the sentence, and payment of court costs, as an accessory after the fact to the crime of qualified homicide of Querubín Bernardo Cuevas Parra, committed in Linares on January 4, 1974, as provided for and sanctioned in Article 391 No. 1 of the Penal Code.

Source: Judiciary, December 5, 2017

Case File No. 8-2010 Linares: Querubín Bernardo Cuevas Parra case n.-) Investigative statement of Hugo Enrique González Yáñez, on page 616, who acknowledges that: “on September 14, 1973, the Commissioner of Linares called me, along with Sergeant Lillo, informing us that the Commander of the Artillery School of Linares needed two officials for interrogations at that location, regarding crimes such as possession of camping tents, possession of firearms, and theft and robbery in the fields, but not crimes of a political nature, under the charge of Lieutenant Gallardo.” Likewise, he maintains that: “I interrogated along with Lillo and Lieutenant Gallardo, and we were the only Carabineros who performed this function.” Finally, he states: “Regarding the statement of Sergio Gallardo López, who served as a Lieutenant of Carabineros for the year 1973, I can state that he also participated in the interrogations and from time to time asked questions of the detainees; let him not come to deny this situation now.” In this way, according to the evidence presented, it is possible to conclude that Sergio Germán Gallardo López and Hugo Enrique González Yáñez were attached to the Artillery School of Linares in the month of September 1973, forming part of the Integrated Intelligence Service. To that effect, on the occasion of September 11, 1973, a security plan was implemented within the Artillery School of Linares (page 294), which contemplated the existence of an Intelligence Service, whose main purpose consisted of dismantling movements dissident to the de facto regime. Consequently, this section was strengthened by officials from the Investigations [Police] and Carabineros, who were attached in September 1973; among these, the following stand out: Nelson Volta Rozas, Carlos Neves Acosta, Héctor Torres Guajardo, Juan Vejar Varas, and Nelson Mery Figueroa (the latter as liaison), Sergio Gallardo López, Hugo González Yáñez, and Ramón Lillo Orrego. Likewise, the following Army officials performed intelligence duties: Jorge Zincke Quiroz (chief until October 1973), Claudio Lecaros Carrasco (chief), Félix Cabezas Salazar (Deputy Director of the Artillery School), Juan Morales Salgado, Antonio Aguilar Barrientos, Francisco Pacheco, Carlos Romero Muñoz (Military Prosecutor); and Mario Cazenave Pontanilla (Secretary to the Military Prosecutor). The main functions of the Intelligence Section consisted of detaining persons dissident to the de facto regime (page 718), carrying out raids (page 1,309); and, finally, interrogating and torturing detainees at the Artillery School of Linares.

Source: Judiciary, December 5, 2017