The following day, October 10, 1973, Jean Eduardo ROJAS ARCE, 23 years old, an employee at the Cemento Melón factory, died at the hands of Ejército personnel in the Pachacamita sector, La Calera.

He had previously been detained at the La Calera Police Station and transferred to the Nogales Police Station, from where he was released showing clear signs of physical abuse. His home had been raided in search of him.

According to the official version, Jean Rojas Arce was executed after being caught placing an explosive charge on the railway line, in accordance with the powers granted by Proclamation No. 24, which authorized immediate execution on the spot.

The Commission formed the conviction that Jean Rojas was executed by State agents who violated his human rights, taking into account the following circumstances:

His prior detention by State agents was verified;

The aforementioned Proclamation 24 lacks legality as it allowed for immediate execution left to the discretion of the uniformed officer who caught a person in acts that could be classified as criminal, whereas the law stipulates that in such cases, the person must be placed at the disposal of the competent judicial authority, even during the validity of constitutional states of emergency;

When the military authority was consulted regarding this event, it provided no information, stating that the documentation from that period had been legally incinerated;

The military officer in charge of the removal of the body stated that he would not provide information to this Commission;

The victim died as a result of gunshot wounds to the head and thorax.