On September 20, 1973, José Gastón BUCHHORSTS FERNANDEZ, 19 years old, a boatman who was performing his mandatory military service at the Cazadores Regiment in Valdivia, disappeared. This individual disappeared from that military facility after being detained upon reporting for duty days late, following a leave of absence.

His family states that they were verbally informed at said Regiment that he had been executed after attempting to escape. However, his remains were never returned, and his death is not officially registered.

The Commission formed the conviction that the disappearance of José Buchhorsts constitutes a human rights violation for which State agents are responsible, as it occurred while he was being held in a military facility.

Source: (Rettig Report)

The minister on extraordinary assignment for human rights violation cases, Álvaro Mesa Latorre, issued an indictment against eight retired military officers for their responsibility in the crime of qualified homicide, as a crime against humanity, of José Gastón Buchhorsts Fernández.

The latter was murdered while performing his mandatory military service at the Cazadores Regiment in Valdivia. The homicide was perpetrated on the slopes of the Villarrica volcano between September and November 1973.

Thus, in the resolution, Minister Mesa Latorre charged Hernán Agustín Rodriguez Leyton, Víctor Hugo Hermosilla Reinoso, Luis Edmundo Riveros Soto, Ernesto Alejandro Flores Colimán, Rigoberto Becerra Fica, Waldo Eugenio Salinas Núñez, René Miguel Sáez Gómez, and H.W.C.R. as perpetrators of the crime.

A conscript on the run

In September 1973, José Gastón Buchhorsts was performing his mandatory military service at the Cazadores Regiment in Valdivia. On September 11 of that year, José was at his parents' home, as his leave had been authorized days prior.

However, as the days passed and due to the situation prevailing in the country, José did not report to his military unit on time, so his father decided to accompany him to excuse this situation. Upon arriving at the guard post of the Cazadores Regiment, the young conscript decided not to enter, telling his father that he was going to run some errands, and he did not return to the military unit.

As a result of not reporting to the regiment, which at that time was under the command of Colonel Santiago Sinclair, José Buchhorsts was considered a "deserter." Following this, a patrol led by Lieutenant Luis Rodríguez Rigo-Richi went out in search of the young man, detained him in the commune of Villarrica, and transported him back to the Regiment.

Execution on the slopes of the Villarrica volcano

Several of his fellow soldiers who were also performing their military service were able to observe him being guarded by other soldiers, entering with his hands tied behind his back and being thrown onto the floor of a military vehicle inside the facility.

Within the regiment, there was a patrol under the command of Rodríguez Rigo-Richi, known as his trusted group, which was designated to carry out orders for patrolling, detention, and raids. In the afternoon of the following days, this patrol was tasked with transporting José Gastón to the commune of Villarrica for the purpose of searching for weapons in the area, after Buchhorsts himself had allegedly indicated this.

After traveling through several sectors on the slopes of the Villarrica volcano, what they were looking for was not found. Faced with this situation, Lieutenant Rodríguez ordered Buchhorsts to dig, and at certain moments, he required him to get inside the hole, as the purpose was to make his own grave.

Once finished, he ordered the conscript soldiers to fire at Buchhorsts and bury him in that same place.

A covered-up homicide

Some time later, several conscript soldiers from the same Cazadores Regiment in Valdivia learned about the death of José Buchhorsts in the vicinity of the commune of Villarrica, with some of them recalling that they even gathered the entire Mortar squadron to inform them of his death.

Despite this, and even though his father went on repeated occasions to find out about his son's situation, the Cazadores Regiment never provided him with reliable information, giving him evasive, erroneous, or ambiguous answers.

As time passed, and having no news of José, several family members traveled on repeated occasions to Valdivia to meet with a military prosecutor, who indicated to them that José had been taken to an area on the road to the Villarrica volcano, but that upon attempting to escape, the "Ley de Fuga" (Escape Law) had been applied to him, and he was executed on the spot.

He also informed them that his body had remained buried in that same place, without giving them the location or allowing them to search for his body. To this date, no public official of the Armed Forces has provided any information to the respective authority regarding what happened to José Buchhorsts and the location of his body, maintaining the concealment of all types of records to this day.

Likewise, according to the records of the proceedings led by visiting minister Álvaro Mesa, there was no instruction for investigations regarding the events surrounding the detention and execution of the young man.

Source: diariodevaldivia.cl, August 14, 2023

Date: 08-14-2023

Minister Álvaro Mesa prosecutes perpetrator of the qualified homicide of a conscript soldier on the slopes of the Villarrica volcano.

The minister on extraordinary assignment for human rights violation cases for the jurisdictions of Temuco, Valdivia, Puerto Montt, and Coyhaique, Álvaro Mesa Latorre, prosecuted Ernesto Alejandro Flores Colimán, a conscript soldier at the time of the events, as the perpetrator of the consummated crime of qualified homicide, as a crime against humanity, of José Gastón Buchhorsts Fernández, who was performing his mandatory military service at the Cazadores Regiment in Valdivia.

The illicit act was perpetrated on the slopes of the Villarrica volcano between September and November 1973. Minister Mesa Latorre ordered the pretrial detention of Flores Colimán, considering that the freedom of the accused constitutes a danger to the safety of society.

This deprivation of liberty is to be served in the "Tucapel" Mountain Detachment of Temuco. The ruling states that, given the merit of the evidence, from which it is clear that the freedom of the accused constitutes a danger to the safety of society; also taking into account the probable legal sanction for the crimes in which he is attributed participation; and in view of the provisions of Article 363 of the Code of Criminal Procedure, the benefit of provisional release will not be granted.

Execution During the investigation stage, the visiting minister gathered evidence that allows for the following facts to be sufficiently proven:

A.-

José Gastón Buchhorsts Fernández, 18 years old, was performing his mandatory military service in 1973 at the Cazadores Regiment in Valdivia, assigned to the mortar squadron of that military unit. On September 11, 1973, José Gastón was at his parents' home, as his leave had been authorized days prior.

However, as the days passed and due to the situation prevailing in the country, José Gastón did not report to his military unit on time, so his father decided to accompany him to excuse this situation, which happened days after September 11, 1973. [according to pp. 102, 141, 139, 141 (vol.

I), 721 (vol. III) among other records]. Upon arriving at the guard post of the Cazadores Regiment, José decided not to enter, telling his father that he was going to run some errands, and he did not return to the military unit. [according to pp. 33, 142 (vol. I), 1,175 (vol. IV), among other records].

B.-

As a result of not reporting or not entering the Cazadores Regiment in Valdivia—which at that time was under the command of Colonel Santiago Sinclair Oyaneder—José Gastón Buchhorsts Fernández was considered a "deserter," with this situation being discussed among the conscript soldiers and officers. [according to pp. 275 (vol.

I), 412, 468, 509, 587 (vol. II), 854, 863, 903, 915 (vol. III) and 1,056 (vol. IV) among other records]. Following this, a patrol led by Lieutenant Luis Rodríguez Rigo-Richi [deceased, according to p. 208 (vol.

I)], and composed of approximately 8 or 9 conscript soldiers [according to pp. 418, 468, 587 (vol. II) and 854 (vol. III) among other records], went out in search of José Gastón, detaining him in the commune of Villarrica and transporting him to the Regiment, where he was seen in detention by several of his fellow soldiers who were also performing their military service, observing him being guarded by other soldiers, entering with his hands tied behind his back and thrown onto the floor of a military vehicle inside the facility. [according to pp. 251 (vol.

I), 418, 510 (vol. II), 735 (vol. III), among other records].

C.-

In the military unit, there was a patrol under the command of Rodríguez Rigo-Richi, known as his trusted group, which was specially designated to carry out orders for patrolling, detention, and raids ordered by the regiment commander, Colonel Santiago Sinclair Oyaneder [according to pp. 1,024, 1,181 and 1,187 (vol.

IV) among other records]. In the afternoon of the following days, the same patrol led by Lieutenant Rodríguez Rigo-Richi was tasked with transporting José Gastón to the commune of Villarrica for the purpose of searching for weapons in the area, as Buchhorsts himself had allegedly indicated, traveling through several sectors on the slopes of the Villarrica volcano without finding what they were looking for.

Faced with this situation, Lieutenant Rodríguez ordered the young José Gastón to dig, and at certain moments, he required him to get inside it, as the purpose was to make his own grave. Once finished, he ordered the conscript soldiers to fire at Buchhorsts, with all the soldiers present doing so, executing him and burying him in that same place. [according to pp. 1,060 to 1,062 (vol.

IV); pp. 1,177 to 1,178, pp. 1,180 to 1,183 (vol. IV); pp. 1,186 to 1,187 (vol. IV), among other records].

D.-

Some time later, several conscript soldiers from the same Cazadores Regiment in Valdivia learned about the death of José Buchhorsts Fernández in the vicinity of the commune of Villarrica [according to pp. 251, 275 (vol.

I), 418, 491 (vol. II), 724, 735 (vol. III), 1,001 (vol. IV), among other records], with some of them recalling that they even gathered the entire Mortar squadron and informed them of his death [according to pp. 587 (vol. II), among other records].

E.-

Despite the above, and even though his father went on repeated occasions to find out about his son's situation, the Cazadores Regiment in Valdivia did not provide him with information about him, giving him evasive, erroneous, or ambiguous answers.

They even told him that he was in another military facility in the same commune of Valdivia; he went to that place but did not find his son among the detainees [p. 34, (vol. I)]. As time passed and having no news of José Gastón, several other family members traveled on repeated occasions to Valdivia, meeting with a military prosecutor named Manterola [deceased, according to p. 1,234 (vol.

IV)], who indicated to them that José had been taken to an area on the road to the Villarrica volcano, but that upon attempting to escape, the "Ley de Fuga" had been applied to him, and he was executed on the spot.

F.-

To this date, no public official of the Armed Forces, especially the Army of Chile command that was serving at the time of the events, has provided any information to the respective authority regarding what happened to José Gastón Buchhorsts Fernández and the location of his body, maintaining the concealment of all types of records regarding the events mentioned in the preceding paragraphs to this day.

Likewise, according to the records of the proceedings, there was no instruction for investigations regarding the events surrounding the detention and execution of José Gastón Buchhorsts Fernández, even though, according to the death registration certificate, Lieutenant Luis Rodríguez Rigo-Richi himself and other officials from the same Cazadores Regiment in Valdivia went to verify it.

In the case, last April, Minister Mesa Latorre issued the indictment against Santiago Sinclair Oyaneder; Hernán Agustín Rodríguez Leyton, Victor Hugo Hermosilla Reinoso, Luis Edmundo Riveros Soto, and H.W.C.R., as perpetrators of the crime of qualified homicide, as a crime against humanity, of Buchhorsts Fernández.

His body remained buried in that same site, without informing them of the location or allowing them to search for his body [according to pp. 34, 140, 141 (vol. I), among other records].

Source: diarioconstitucional.cl, October 11, 2022

Date: 10-11-2022

Visiting Minister Álvaro Mesa carries out proceedings in human rights cases in Valdivia and Osorno

The visiting minister for human rights violation cases of the Courts of Appeal of Temuco, Valdivia, Puerto Montt, and Coyhaique, Álvaro Mesa Latorre, is carrying out proceedings in the Valdivia jurisdiction within the framework of the cases for the kidnapping and qualified homicide of Andrés Silva Silva, the kidnapping and qualified homicide of José Gastón Buchhorsts Fernández, the homicide of Roberto Huaiqui Barría, the homicide of José Segundo Veloso Araya, the kidnapping of the Barría Bassay brothers, the kidnapping and torture of Pedro Mella Contreras and others, and the kidnapping of José Saldivia Saldivia. Minister Mesa indicated that these proceedings consist of taking statements and are in "compliance with the orders to investigate by the Investigative Police (PDI), which are providing us with new evidence and indicating witnesses who can provide new data to the case." Regarding the investigation of the brothers Héctor and Guido Barría Bassay, 19 and 27 years old respectively, detained on October 16, 1973, at the Los Riscos estate, in the commune of Río Negro, Minister Mesa specified that "we have carried out proceedings to see if evidence of the remains of these brothers could be found in certain specific sites, but so far we have nothing; therefore, we are reviewing the evidence better, both of the crime scene and of the aerial photographs and flight lines." Regarding the indictment of retired Army Colonel Cristián Labbé Galilea as the perpetrator of the crime of torture against Harry Edwards Cohen Vera, issued on March 29, Minister Mesa pointed out that "what happened is that the summary was closed and an indictment was issued, that is, we are moving to the stage called 'plenary.' In this context, notice will be given; in other words, Harry Cohen's lawyer will be notified so that he can adhere to or present a private accusation; subsequently, once the plaintiff responds or expresses what he deems pertinent in law, notice will be given to Mr. Labbé's lawyer. After that, there is an evidentiary period and subsequently the sentence would come," he maintained. Starting tomorrow, Minister Mesa will be carrying out proceedings in the Puerto Montt jurisdiction and on Friday in the Coyhaique jurisdiction.

Source: noticiaslosrios.cl, April 18, 2018

Date: 04-18-2018

Minister Álvaro Mesa carried out proceedings in human rights cases in Valdivia

The minister with exclusive dedication to human rights cases, Álvaro Mesa Latorre, visited the Valdivia jurisdiction—last Wednesday, June 12—within the framework of five cases he is investigating, which occurred between the years 1973 and 1974 in the cities of Temuco, Panguipulli, Lago Ranco, Valdivia, and Bahía Mansa, Osorno.

It is the third time he has visited this city, after the Plenary of the Supreme Court reassigned him the investigations of the human rights violation cases of the Valdivia and Puerto Montt jurisdictions, in addition to the cases he was processing in Temuco, and in this way fulfill the commitment made to the victims' families, in order to prevent them from having to travel to the capital of the Araucanía region.

On the occasion, Minister Mesa interrogated witnesses in the case (roll 2-2014) for the crime of homicide of Roberto Huaiqui Barría; (roll 13-2013) for the crime of kidnapping and homicide of José Gastón Buchhorsts Fernández; (roll 11-2011) for the crime of homicide of Victoriano Matus Hermosilla; (roll 5-2015) for the crime of homicide of José Sofanor Saldivia Saldivia; and (roll 14-2013) for the crime of abduction of a minor and qualified homicide of Marcelo del Carmen Gutiérrez Gómez.

Source: elinformadorvaldiviano.cl, 7/17/2017

Date: 07-17-2017

Villarrica: History and Archaeology. Marco Aguilera Oliva. (excerpt)

In August 1991, in a confidential official letter, the Chief of the General Staff of the Army, Mr. Rodrigo Sánchez Casillas, responded that in the opinion of the institutional high command, the requested information was among those referred to in the final paragraph of Article No. 144 of the Code of Military Justice, which is why, as these were secret documents that could affect the security of the Nation's defense in general and the institution in particular, it was not possible to grant the request.

Faced with the judicial impossibility of obtaining official information from the uniformed institutions, on August 30, 1991, the investigating judge declared the summary closed and temporarily dismissed the case "until new or better evidence and investigation data are presented..." On September 26, 1991, the Court of Appeal of Temuco approved the aforementioned resolution upon consultation.

For its part, the family of the young socialist militant from Villarrica, Héctor Aguayo Olavarría, also belonging to the group of young people who disappeared in September 1973, filed a complaint for alleged disappearance on January 21, 1991, before the Criminal Court of Pucón, which was registered under No. 2,726 and is currently in the processing stage. 9.- Equally publicized was the death of the Villarrica resident, conscript José Gastón Buchhorsts Fernández, belonging to Regiment No. 2 "Cazadores" of Valdivia, who was executed on September 20, 1973, for having carried out an escape and desertion after being arrested for refusing to participate in a firing squad that affected civilians captured in the city of Valdivia. Conscript Buchhorsts was allegedly apprehended while attempting to cross the mountain range through a pass in the Pucón area, being subsequently executed on the slopes of the Villarrica volcano. His body was disappeared, and it remains in this condition to this day. (Rettig Report. Vol. I, p. 397.)

Source: villarrica-chile.blogspot.com, 8/30/2010

Date: 08-30-2010