On October 16, 1973, fifteen people who were being held as prisoners at the La Serena Prison were executed by firing squad at the Arica Regiment in that city: Oscar Gastón AEDO HERRERA […] Carlos Enrique ALCAYAGA VARELA […] José Eduardo ARAYA GONZALEZ […] Marcos Enrique BARRANTES ALCAYAGA […] Jorge Abel CONTRERAS GODOY […] Hipólito Pedro CORTES ALVAREZ […] Oscar Armando CORTES CORTES […] Víctor Fernando ESCOBAR ASTUDILLO […] Roberto GUZMAN SANTA CRUZ […] Jorge Mario JORDAN DOMIC […] Manuel Jachadur MARCARIAN JAMETT […] Jorge Ovidio OSORIO ZAMORA, 35 years old, university professor, member of the Socialist Party. He was detained by Investigaciones officials at the Manesa facilities on September 17 and taken to the La Serena Prison. Jorge Washington PEÑA HEN […] Mario Alberto RAMIREZ SEPULVEDA […] Gabriel Gonzalo VERGARA MUÑOZ […] The Jefatura de Plaza, through the press, issued an official statement which noted: "The public is informed that today, October 16, at 16:00 hours, the following persons were executed in accordance with the provisions of the Military Tribunals in times of war..." Regarding Mario Ramírez, Jorge Peña, Marcos Barrantes, and Jorge Osorio, it was stated that: "they had participated in the acquisition and distribution of firearms and in paramilitary instruction and organization activities with the intent to attack the Armed Forces and Carabineros and individuals in the area." Regarding Oscar Aedo Herrera, Víctor Escobar, José Araya, and Jorge Contreras, it was stated that: "they were part of a terrorist group that had planned for September 17 to seize the Carabineros barracks in Salamanca, kill the personnel and their children over 8 years of age, and physically eliminate a group of 30 people in the city, whose names it is not appropriate to disclose for obvious reasons." Regarding Hipólito Cortés Alvarez, Jorge Jordán, Gabriel Vergara, and Oscar Cortés, it was stated that they had: "hidden underground a large quantity of fifteen weapons, abundant ammunition, and explosives, with the intention of attacking the Carabineros of Ovalle on September 17." It was further noted that they had "participated as guerrilla instructors in the area." Regarding Carlos Alcayaga, it was noted that he had been executed by firing squad for: "forcibly stealing explosives from the Contador mine powder magazine, in Vicuña, on September 11, 1973, explosives that were found hidden underground and ready to be used" and that "he was an instructor in the handling of explosives at a Guerrilla School that operated in Vicuña." Regarding Manuel Marcarian, it was stated that he was executed for: "having been found with explosives to assault the Los Vilos sub-station barracks, ignoring the edicts and warnings made personally by Carabineros." Regarding Roberto Guzmán, it was stated that his execution was: "for inciting the miners of the Desvío Norte Camp and its surroundings to seize the powder magazines and offer armed resistance to the Government Junta." The bodies were not returned to the families for burial. The official information provided by the military authority of the area reports the holding of a Consejo de Guerra (War Council) on October 16, which allegedly ordered the death sentences of the fifteen detainees; and that the sentencing tribunal had "come especially from Santiago." This Commission confirms the presence in the area of a special delegation that arrived from Santiago, with the authority to review the situation of the detainees in the area. Credible testimonies have been received regarding the lists of those arrested by the military authorities of said delegation, and the selection they made of the individuals whose situations were to be reviewed. In relation to all these deaths, the Commission received abundant and qualified testimonies that were consistent on certain facts: the fifteen prisoners identified above were executed outside of any legal process by State agents. The following evidence supports this conviction: – Credible testimonies regarding the sequence in which the events leading to the death of the fifteen detainees occurred, as there was almost no time between the review of the cases and the execution, which makes it impossible for a Consejo de Guerra in accordance with the Law to have taken place during that interval. – The fact that, had the alleged Consejo de Guerra been held, there was no right to defense for the accused, since there was no presence of lawyers nor any possibility of presenting a defense. Furthermore, Roberto Guzmán, as previously noted, had already been sentenced by a Consejo de Guerra to a five-year term, which was reduced in 1975 to 541 days. Despite the repeated requests and inquiries of the Commission, it was not possible to obtain a copy of a judicial sentence or any procedural document referring to the trial that was allegedly conducted against the fifteen executed individuals. Therefore, and considering that the accused lacked any possibility of defense, the charges do not appear to be substantiated in any document to which this Commission has had access. This Commission has formed the conviction that the fifteen executions constitute a human rights violation attributable to State agents.