Repressive Status : President of the "Campo Lindo" Settlement in Quilaco. No known political affiliation Date of Detention : September 20, 1973

REPRESSIVE SITUATION

José Felidor Pinto Pinto, married, father of three, agricultural worker, and President of the "Campo Lindo" Settlement in Quilaco, was detained on September 20, 1973, at his home, located in the aforementioned settlement, by Carabineros from the Quilaco station and a group of armed civilians from that locality.

Along with the victim, the peasant farmer Segundo Marcial Soto Quijón was also detained; he remains forcibly disappeared. Credible testimonies provided to the National Commission for Truth and Reconciliation indicate that both victims were taken by their captors to the Piulo Bridge, which crosses the Bío-Bío River, where they were executed.

JUDICIAL AND/OR ADMINISTRATIVE ACTIONS

There is no record of the victim's family having initiated judicial proceedings.

In a ruling that had been anticipated, the plenary of ministers of the Supreme Court determined that only four of the eight judges with exclusive dedication will remain in this status, and the remaining ones will move to form a court with preferential dedication.

Based on the records compiled by the high court, it was determined that the First Civil Court of San Bernardo, led by Judge Cecilia Flores; the Eighth Criminal Court of Santiago, with María Ines Collins; the Ninth Criminal Court of Santiago with Raquel Lermanda; and the Tenth Criminal Court with Juan Antonio Poblete will remain as exclusive judges.

In addition, the Fourth Criminal Court of San Miguel, led by María Teresa Díaz, will remain in the same status, although only for a period of one month. In the case of the First Criminal Court of Santiago, the Fifth Criminal Court of Santiago, the First Criminal Court of Arica, the Civil Court of María Elena, the First and Second Criminal Courts of Valparaíso, the First Civil Court of Chillán, the First Criminal Court of Chillán, the First Criminal Court of Talcahuano, the Civil Court of Pucón, and the Second Criminal Court of Valdivia, these will join the existing group of preferential judges. The most difficult situation is faced by the judges of the Third Criminal Court of Santiago, Mario Carroza; the Third Criminal Court of San Miguel, María Teresa Díaz; and the Civil Court of Santa Bárbara, Loreto Jara, who will henceforth become preferential judges. But the Supreme Court also ordered the Tenth Criminal Court to annex the proceedings corresponding to the cases it is processing in order to advance the investigation; however, it provided no further details in this regard. All exclusive and preferential judges must report on their management after one month and will be evaluated again by the higher court. Regarding the details of the cases, the proceedings for the death of Juan Luis Rivera Matus, case file 107.716-9, will begin to be handled on a preferential basis by the presiding judge of the First Criminal Court of Santiago, Joaquín Billard, who will also process case file 107.254. In the case of the Fifth Criminal Court, it will handle case file 167.716-16, titled as the disappeared from La Moneda, which was already classified as preferential. In the First and Fourth Courts of Arica, case files 51925 and 13.322-A will be handled, respectively. In María Elena, case 31-91 will be investigated on a preferential basis, while in the First Criminal Court of Valparaíso, the case of the British priest Michael Woodward, case file 140.454, will be heard. In the Second Criminal Court of Valparaíso, case file 127.298-1 will be handled. In Chillán, meanwhile, the First Civil Court will handle case 11.599, which, according to FASIC, does not correspond to a human rights case; conversely, in the First Criminal Court of the same city, the disappearance of Ernesto Torres Guzmán, case file 70.927-6, will be investigated. In the case of Talcahuano, case file 24.776 is added as preferential; in Pucón, case file 4.473; and in Valdivia, case file 75.858. Conversely, the cases regarding the disappearance of Daniel Reyes Piña, Leopoldo Muñoz Andrade, Víctor Morales Mazuela, and Víctor Cárdenas Valderrama, which were being processed by the Third Criminal Court of San Miguel, will be negatively affected by the Supreme Court's ruling, as they will now have preferential status. In any case, it works in their favor that indictments have already been issued in the cases of Morales and Cárdenas. In the Third Criminal Court of Santiago, the disappearance at the hands of the DINA of Iván Carreño Aguilero, and the deaths of Luis Moraga Cruz, Juan Orellana Catalán, and Ricardo Weibel Navarrete, who perished at the hands of the Comando Conjunto, will now be preferential cases. This court is also handling the proceedings for the disappearance of the former GAP member Domingo Blanco Tarres. In the case of Santa Bárbara, the investigation into the cases of Luis Bastías Sandoval, Luis Cid Cid, Cristino Cid Fuentealba, José Molina Quezada, José Pinto, Raimundo Salazar, Segundo Soto, and Gabriel Viveros, who disappeared in the first days of the Military Coup, is negatively affected. In the Tenth Criminal Court of Santiago, four cases reported to the Dialogue Table by the Armed Forces are being investigated; these concern the 1975 disappearance of Ricardo Lagos Salinas, Carlos Lorca Tobar, Michelle Peña Herreros, and Exequiel Ponce Vicencio.

Source: PRIMERA LÍNEA - April 23, 2002

Date: 04-23-2002

A completely irregular situation is occurring in the commune of Curacautín, in La Araucanía, specifically at the Collico school, where the municipality retains a criminal convicted of crimes against humanity as director.

The individual is Juan Carlos Burgos Belauzarán, a civilian convicted for his participation in the disappearance of 28 peasant farmers in Santa Bárbara and Quilaco, in the foothills of the Bío-Bío, between September and December 1973.

Juan Carlos Burgos Belauzarán is the name of the criminal convicted of crimes against humanity who works as the teacher in charge of the Collico rural school in Curacautín. The offender was convicted, along with four Carabineros and nine civilians, as the perpetrator of the kidnapping and disappearance of 28 peasant farmers in Quilaco and Santa Bárbara, in what constitutes one of the most brutal crimes of the dictatorship.

Burgos Belauzarán was sentenced to four years of major imprisonment in its minimum degree, with the accessory penalties of absolute perpetual disqualification for public offices and positions and political rights, and absolute disqualification for professional practice for the duration of the sentence, but he currently appears as the teacher in charge of the Collico rural school, with a salary of more than $2 million.

He has held the position since at least 2016. Due to the gravity of this situation, not only because of its illegality but because of what a conviction for crimes against humanity entails, SUMMARY contact was made with both the DAEM (Municipal Education Administration Department) of Curacautín and the Regional Ministerial Secretariat (Seremi) of Education in La Araucanía, from where they avoided assuming responsibility and announced that the situation is in the hands of a legal team "to reach a resolution." From the municipal education department, they indicated that "the Supreme Court has not yet informed us, and in the current collection of records, the disqualification appeared, and that is why the information was sent to the lawyers. I had no idea; I have been in the position for almost a year and I am not from Curacautín either." Patricio Aguilera, director of the DAEM, noted that this rural school is currently in recess, but Juan Carlos Burgos Belauzarán appears to have earned a salary in March 2023 of more than $2 million. In this regard, Aguilera replied that "he is on medical leave, and the leave is paid by the Isapre (health insurance provider). We have now sent the records to the legal advisors when we received the certificate of disqualification; we immediately referred it to our lawyers." When asked, the Regional Ministerial Secretary of Education for La Araucanía, María Isabel Mariñanco, about why a human rights violator remains in charge of a school, she limited herself to blaming the sponsor, avoiding referring to possible measures. "In the administrative scope of the management of educational establishments, personnel hiring is the responsibility of the sponsor, which in this case corresponds to the municipality. As the Ministry of Education, we call on municipalities and the local public education service, in their capacity as sponsors, to provide greater rigor to the processes of reviewing the records of those who perform work in educational establishments." For now, the criminal convicted of crimes against humanity, Juan Carlos Burgos Belauzarán, is on medical leave, and according to the DAEM, they are "waiting" for the legal team's review to finalize his dismissal; for the time being, he continues to appear as the teacher in charge of the Collico school. Below, we describe the events in which Burgos Belauzarán participated directly as a perpetrator, committed in Santa Bárbara and Quilaco between September and December 1973: The judicial investigation establishes in detail the various criminal episodes carried out by the uniformed officers and civilian perpetrators of true extermination raids. Thus, on September 13, 1973, a group of civilians and Carabineros, all armed with firearms and traveling in motorized vehicles, arrived at the home of Cristino Humberto Cid Fuentealba, located on the El Rodal plot on the outskirts of Quilaco, proceeding to detain him in the presence of his family members, only to then take him away on foot to an unknown destination, causing him to disappear to this day. On September 14, 1973, Juan de Dios Fuentes Lizama and Juan Francisco Fuentes Lizama were kidnapped from their home located in a hut on the Corcovado estate, on the road to Villacura, in the commune of Santa Bárbara, by Carabineros and civilians, and their fate remains unknown to this day. On September 16, 1973, Juan de Dios Rubio Llancao and Julio Alberto Rubio Llancao were detained and taken to the Santa Bárbara Carabinero Station, under the command of the Unit Chief, then-Lieutenant Planté Aravena Sáez. On the same day, Guillermo Purrán Treca went to the indicated police unit seeking protection because he could not return home, as he had missed the bus and the curfew was approaching, but they left him there as a detainee. At night, these three peasant farmers, plus José María Tranamil Pereira, who had also been detained, were taken out of the police station and transported to the Quilaco bridge, where the Carabineros riddled them with bullets; since that date, all news regarding the four peasant farmers has been unknown. On September 16, 1973, Sebastián Hernaldo Campos Díaz voluntarily presented himself to the Santa Bárbara Carabinero Station, as he had been summoned previously, and remained detained; to this day, there is no news of his whereabouts. At noon on September 17, 1973, Elba Burgos Sáez was detained by Carabineros on a public street in the city of Santa Bárbara; she was put into a pickup truck and taken to an unknown destination, and since that date, all news of her whereabouts or existence has been unknown. On the afternoon of September 17, 1973, José Rafael Zúñiga Aceldine, José Secundino Zúñiga Aceldine, and José Gilberto Araneda Riquelme voluntarily went to the Santa Bárbara Carabinero Station, complying with a summons that Carabineros of the aforementioned police unit had issued to them through a third party, and were admitted to said facility as detainees; since that date, all news regarding their whereabouts or fate has been unknown. In the commune of Quilaco, in the early hours of September 20, 1973, a group of Carabineros and civilians arrived at the home of José Felidor Pinto Pinto, leader of the Campo Lindo peasant settlement, located on the old Huinquén estate, whom they detained, taking him from his house and carrying him off to an unknown destination in vehicles, from which moment there was never any news of his fate, and his trail has disappeared to this day. In the morning hours of September 20, 1973, in the commune of Santa Bárbara, the group of executioners arrived at the ‘El Huachi’ estate, located 8 kilometers from that commune, and detained José Domingo Godoy Acuña, Julio César Godoy Godoy, and Desiderio Aguilera Solís, taking them to the Santa Bárbara Carabinero Station, from where they were taken out at night to an unknown destination, and to this day they have not been seen again, nor is there any news of their whereabouts. Around noon that day, the same group headed to the village of Loncopangue and also to the vicinity of the Rañiguel estate in the same sector, proceeding to detain Luis Alberto Cid Cid, Luis Bastías Sandoval, and Raimundo Salazar Muñoz, who were loaded onto a Quilaco Municipality truck driven by José Feliciano Gutiérrez Ortiz, known as ‘El Chamo’, to then be taken along the public road leading to Quilaco to a path that leads to the confluence of the Bío Bío and Quilmes rivers, where they were taken off the vehicle and, watched by their captors, were led on foot to the banks of the indicated watercourses, at which moment their captors allegedly fired at them with firearms, their bodies falling into the channel of the mentioned rivers, their actual whereabouts remaining unknown to this day. Also that same day, in the afternoon, the local resident Segundo Marcial Soto Quijón was detained in Quilaco by a group made up of Carabineros and civilians, a date from which they caused him to disappear. In the commune of Santa Bárbara, at approximately 2:00 PM on the same day, September 20, the criminal group detained José Nazario Godoy Acuña in the Los Junquillos sector, who was subsequently taken to the Santa Bárbara Carabinero Station. Around 10:30 PM on September 20, 1973, in the commune of Santa Bárbara, they arrived at the home of Manuel Salamanca Mella, located on Avenida La Feria without number in Santa Bárbara, where they detained him in the presence of his family members, to then take him to the Carabinero Station. On the same date, the same group headed to the boarding house located at Calle Rosas No. 343 in the commune of Santa Bárbara, where they detained José Mariano Godoy Acuña, who was taken to the Station where they were last seen, and to this day they have not been seen again, nor is there any news of their whereabouts. On the night of September 20, 1973, the same armed group of Carabineros and civilians arrived at the home of Miguel Cuevas Pincheira located at Calle Rosas No. 371 in Santa Bárbara and detained him, in the presence of his family members, spouse, and children, taking him from his house and transporting him to an unknown location, and to this day he has not been seen again, nor is there any news of his whereabouts. On September 23, 1973, in the early morning hours, the group of executioners broke into the La Palma plot, in the commune of Santa Bárbara, to kidnap the peasant farmers Sergio D’Apollonio Petermann, 48 years old, and his son Carlos Jacinto D’Apollonio Zapata, 22 years old, from their home. They took Carlos Jacinto to the bridge that connects the communes of Santa Bárbara and Quilaco, over the Bío Bío River, where they placed him on one of the railings and fired at him with firearms, causing him to fall into the riverbed. However, the current dragged his body to one of the banks, where his body was found the following morning by family members and acquaintances. They took the corpse to their home and proceeded to hold a wake to then bury him, but in the afternoon of that day, the same individuals who had kidnapped him the night before broke in to steal the young man's body and took it away to make it disappear to the present day. On the morning of November 3, 1973, at approximately 11:00 AM, the group of Carabineros and civilians arrived at Plot No. 112 in the Piñiquihue sector of the commune of Quilaco, where they detained José Roberto Molina Quezada, took him from his house, and took him away in a vehicle to an unknown destination, from which moment there was never any news or knowledge of his whereabouts. On the night of Saturday, November 3, they arrived at the home of Gabriel José Viveros Flores located on the outskirts of Loncopangue, proceeding to detain him in the presence of his family members, taking him from his house and carrying him off to an unknown destination. Around 4:00 PM on November 7, 1973, while Aliro Segundo Oporto Durán, 17 years old, was in a house located in the Raleo sector of the town of Alto Bío Bío, Carabinero personnel arrived to detain him, but the young man ran in the direction of the Bío Bío River, being pursued by the police, one of whom shot him, managing to apprehend him, from which moment all news of his whereabouts or existence is unknown. by Juan Contreras Jara

Source: resumen.cl, May 10, 2023

Date: 05-10-2023

Compliance ordered for ruling against retired Carabineros and civilians for qualified kidnapping in Quilaco and Santa Bárbara

Minister Aldana instructed that the eleven individuals sentenced to effective prison terms serve them in penal facilities in the Bío-Bío Region. The minister on special assignment for human rights violation cases of the Concepción Court of Appeals, Carlos Aldana Fuentes, initiated the compliance of the sentence that convicted a group of retired Carabineros and civilians for their responsibility in the consummated crime of qualified kidnapping of Sergio D’Apollonio Petermann, Miguel Cuevas Pincheira, Cristino Humberto Cid Fuentealba, José Felidor Pinto Pinto, Luis Alberto Cid Cid, Luis Alberto Bastías Sandoval, Raimundo Salazar Muñoz, Gabriel José Viveros Flores, Segundo Marcial Soto Quijón, and José Roberto Molina Quezada. These crimes were perpetrated in the communes of Santa Bárbara and Quilaco between September and December 1973. In the resolution (criminal case file 372, Santa Bárbara episode), Minister Aldana began today—Thursday, February 2—with the notification to those convicted in the case: Héctor Isaías Echeverría Beltrán, who must serve an 11-year prison sentence as the perpetrator of eight crimes of qualified kidnapping; and José Roberto Valdivia Dames, who must serve five years in prison for the kidnapping of Miguel Cuevas Pincheira. In the coming days, the instructing minister will continue notifying the sentences to Exequiel Celedón Barra, 10 years and one day in prison as the perpetrator of the crimes of qualified kidnapping of Cristino Humberto Cid Fuentealba and José Felidor Pinto Pinto; Jorge Eduardo Valdivia Dames, 5 years in prison for the qualified kidnapping of Miguel Cuevas Pincheira; Jorge Denis Domínguez Larenas must serve the same sentence as the perpetrator of three crimes of qualified kidnapping; and Eugenio Villa Urrutia, Juan Carlos Burgos Belauzarán, and José Feliciano Gutiérrez Ortiz will serve 4 years of supervised release for seven qualified kidnappings. Minister Aldana instructed that the eleven individuals sentenced to effective prison terms serve them in penal facilities in the Bío-Bío Region.

Source: tribuna.cl 2/2/2023

Date: 02-02-2023

Concepción Court convicts perpetrators and accomplices of the crime of qualified kidnapping of 28 peasant farmers in Santa Bárbara and Quilaco

The Concepción Court of Appeals issued a second-instance sentence against 14 retired Carabineros and civilians for their responsibility in the crime of qualified kidnapping of 28 peasant farmers from Santa Bárbara and Quilaco.

These crimes were perpetrated starting September 11, 1973, in the foothill sectors of the Bío-Bío Region. In a unanimous ruling (case file 182-2014), the Third Chamber of the appellate court—composed of ministers Carola Rivas Vargas, Viviana Iza Miranda, and the lawyer (i) Jean Pierre Latsague Lightwood—also confirmed the total compensation of $1,215,000,000 (one billion two hundred fifteen million pesos) that the State and the convicted individuals must pay to the victims' families.

In the ruling, the court sentenced Plante Euclide Aravena Sáez to 14 years in prison as the perpetrator of 19 crimes of qualified kidnapping; meanwhile, Héctor Isaías Echeverría Beltrán and José Heraldo Pulgar Riquelme must serve 11 years and 10 years and one day in prison, respectively, as perpetrators of 10 and 7 qualified kidnappings.

In the case of Carlos Santiago Sepúlveda Rivera, the court sentenced him to 10 years and one day in prison as the perpetrator of four crimes of qualified kidnapping, and Pedro Segundo Ruiz Pardo must serve 5 years and one day in prison as the perpetrator of one crime of qualified kidnapping.

In addition, Sergio Amado Fuentes Valenzuela, Luis Enrique Ricardo Antonio Barrueto Bartning, and Manuel Darío Barrueto Bartning were convicted in the case as accomplices, receiving 6-year prison sentences as accomplices to seven crimes of qualified kidnapping.

Meanwhile, Exequiel del Carmen Celedón Barrera received 5 years and one day of effective prison time as an accomplice to two crimes of qualified kidnapping. In the case of Jorge Denis Domínguez Larenas, Jorge Eduardo Valdivia Dames, and José Roberto Valdivia Dames, they were sentenced to 4 years in prison as accomplices to one crime of qualified kidnapping.

They were granted the benefit of supervised release. The same benefit was received by Eugenio Villa Urrutia, José Feliciano Gutiérrez Ortiz, and Juan Carlos Burgos Belauzarán, who were sentenced to 4 years in prison as accomplices to seven, seven, and five qualified kidnappings, respectively.

In the case, the dismissal of the charges against retired Carabinero officers José Eleodoro Burgos Sandoval and José Jaime Godoy Godoy, and civilians Sergio Alejandro Pino Cabezas and Sergio Humberto Salazar San Martín, was decreed due to death.

During the investigation stage, Minister Raquel Lermanda Spichiger managed to establish that, between September 11 and December 20, 1973, Carabinero officers—supported by groups of civilians—illegally detained 28 victims in the communes of Santa Bárbara and Quilaco, mainly peasant farmers, whose whereabouts remain unknown to this day.

In Santa Bárbara, the group illegally detained José Domingo Godoy Acuña, Julio Godoy Godoy, Desiderio Aguilera Solís, José Nazario Godoy Acuña, Manuel Salamanca Mella, José Mariano Godoy Acuña, Miguel Cuevas Pincheira, Sebastián Hernaldo Campos Díaz, José Rafael Zúñiga Aceldine, José Secundino Zúñiga Aceldine, José Gilberto Araneda Riquelme, Juan de Dios Rubio Llancao, Julio Rubio Llancao, José María Tranamil Pereira, José Guillermo Purrán Treca, Elba Burgos Sáez, Juan de Dios Fuentes Lizama, Juan Francisco Fuentes Lizama, Sergio D’Apollonio Petermann, and Aliro Oporto Durán.

In the commune of Quilaco, the victims were identified as Cristino Humberto Cid Fuentealba, José Felidor Pinto Pinto, Luis Alberto Cid Cid, Luis Alberto Bastías Sandoval, Raimundo Salazar Muñoz, Gabriel José Viveros Flores, Segundo Marcial Soto Quijón, and José Roberto Molina Quezada.

Regarding civil matters, the chamber confirmed the awarded moral damages, with the State of Chile and the convicted individuals being jointly and severally liable to pay a total of $1,215,000,000 (one billion two hundred fifteen million pesos) to the victims' families.

Source: adprensa.cl 6/19/2019

Date: 06-19-2019