On November 1, 1973, José Segundo RODRIGUEZ TORRES, 23 years old, a merchant with no political affiliation, was killed at the Arica Regiment in La Serena. He had been arrested on October 30 at his home by military personnel, who took him to the aforementioned regiment.

On November 3, an official statement appeared in the press indicating that at 15:00 hours on the 1st of that same month, José Segundo Rodríguez had been killed "while trying to escape under circumstances in which he was a prisoner...". It was added that the individual was a common criminal.

Given that his detention and his death inside the La Serena Regiment are duly documented, the Commission formed the conviction that José Rodríguez was executed. This constitutes a human rights violation for which State agents are responsible, based on the following evidence:

It does not seem plausible that the individual actually attempted to flee, taking into account the nature of the place where he was being held—a military barracks—which reasonably must have been heavily guarded, even more so during the period in which the events occurred.

Furthermore, had an escape attempt occurred, it must be assumed that military personnel as numerous as those present in a Regiment, and with the training and weaponry at their disposal, could have prevented the escape without it being necessary to kill the alleged fugitive.