Juan Isaías Heredia Olivares
Profesor Enseñanza Básica — 41 years old.
Background
Juan Isaías Heredia Olivares
Profesor Enseñanza Básica — 41 years old.
Case summary
Juan Isaías Heredia Olivares, a 41-year-old teacher and supporter of the Unidad Popular, was arrested at his home in Los Ángeles by Carabineros officers on September 16, 1973. Since the day of his arrest, he has been classified as forcibly disappeared, and to date, there is no official information regarding his whereabouts or fate.
Museo de la Memoria y los Derechos Humanos[1]
On the morning of September 16, 1973, five people were arrested at their respective homes in the presence of witnesses in the Población San Alfonso. The captors were Carabineros officers from a police station in Los Angeles who were traveling in a vehicle belonging to the Servicio Agrícola y Ganadero; the detainees were:
José Luis Tito VILLAGRAN VILLAGRAN, 53 years old, a pensioner of the Armed Forces and a sympathizer of the Partido Socialista. Following his arrest, the family was notified by the hospital in Los Angeles that he had arrived at that facility in serious condition with gunshot wounds and stab wounds to the face.
On September 17, he died in the hospital due to "generalized peritonitis, rupture of the small and large intestine." His family was able to identify and bury his body.
Ejidio Roespier ACUÑA PACHECO, 24 years old, an occasional worker. He has been forcibly disappeared since the date of his arrest.
Juan Guillermo CHAMORRO AREVALO, 23 years old, owner of a bookstore and a militant of the Partido Comunista. Following his arrest, witnesses indicated that they had seen him at the Los Angeles police station and later at the Regiment.
In the latter facility, they reportedly also saw his corpse. To date, his family has not received an official explanation regarding his whereabouts or fate, does not have a death certificate, and his body has not been returned to them.
Juan Isaías HEREDIA OLIVARES, 41 years old, a primary school teacher at Escuela Nº1 in Los Angeles, a sympathizer of the Unidad Popular, and Vice President of the communal Junta de Abastecimiento y Precios (JAP). Nothing is known of his whereabouts or fate since his arrest. There is no official death certificate.
Heriberto RIVERA BARRA, 47 years old, a typographer. At the time of his arrest, he was bedridden with a closed traumatic brain injury (TBI). His spouse was informed at the Southern Police Station that he had been taken to the Liceo de Hombres, a place where his detention was denied.
In the legal action initiated by the family, the police authority stated "that the possibility be considered that Rivera Barra had left the country for the Argentine Republic."
The Commission formed the conviction that Ejidio Acuña, Juan Guillermo Chamorro, Juan Isaías Heredia, and Heriberto Rivera were effectively arrested by State agents and taken by them to a place from which they disappeared.
Likewise, it is convinced that the death of José Villagrán is also the responsibility of his captors. The existence of witnesses to their arrests is credible. The refusal of the authorities to provide information regarding their whereabouts and the final fate of José Villagrán leads the Commission to conclude that human rights violations were committed by State agents responsible for their disappearances and final fate.
MemoriaViva[2]
Relatos de los Hechos
Representative Position: Former vice president of the Popular Supply Committee (JAP), no known political affiliation. Date of Detention: September 16, 1973 Juan Isaías Heredia Olivares, married, father of 3, a teacher, was detained on September 16, 1973, at approximately 09:30 hours, at his home in the city of Los Angeles by a Carabineros patrol, in the presence of his spouse Nancy Burgos Barriga, his 3 daughters, the domestic worker, and neighbors.
He was not allowed to take his jacket, and therefore left without his identification documents. His wife was able to identify the Carabineros officer Jorge Beltrán Gálvez among those who apprehended him.
That same day, Carabineros detained 4 other people in the city of Los Angeles. Half an hour later, his brother, Manuel Heredia, appeared at the police station bringing him a jacket and personal documents, to which the guard on duty informed him that no detainee by the name of the affected party had been admitted.
Days later, Carabineros Major Haroldo Solari stated that he was not being held, nor had he passed through the Carabineros station, as it was likely an arrest order issued by the Army, a situation for which there was no record at the police unit.
After repeated efforts before the Regional Intendancy, including a written petition delivered to Commander Alfredo Reheren Pulido, Intendant of Bío Bío, on October 9, 1973, on the 16th of the same month, the Intendancy's secretary lawyer, Mr.
Rossel, released a summary of the response to the inquiries regarding the whereabouts of the affected party. The letter, signed by Army Major Luis Burgos, informed that the detainee had allegedly been transferred to Isla Quiriquina on October 21, 1973; however, it was later confirmed that Juan Heredia had been confused with his brother José, a situation that had persisted since his detention.
His wife noted that Major Solari of Los Angeles and Captain Herrera of Chillán, both Carabineros, informed her that the victim was handed over that same day at the Los Angeles Regiment, although officially, both Carabineros and the Military permanently denied his detention. To date, the affected party remains forcibly disappeared, with his fate or whereabouts unknown.
JUDICIAL AND/OR ADMINISTRATIVE ACTIONS
The family carried out numerous efforts to determine the victim's whereabouts. Of the many letters sent, his wife received a response in July 1974 from the Minister of the Interior at the time, informing her that her husband had been dismissed from his duties at the school where he worked for failing to appear on September 17, 1973—that is, one day after his detention—adding that there were well-founded suspicions that he had fled to Argentina.
On September 17, 1974, a Writ of Amparo (Habeas Corpus) was filed on his behalf before the Court of Appeals of Concepción. Upon rejecting the writ, the Court ordered the initiation of a summary proceeding for alleged disappearance on September 23, 1974, case file No. 46.257 of the First Criminal Court of Los Angeles.
On December 5, 1974, the case was temporarily dismissed in accordance with the provisions of Article 409, No. 1 of the Code of Criminal Procedure, that is, because no crime had been proven. The resolution was approved by the Court of Appeals on December 27, 1974; the case was archived, with the subsequent loss of the file from the court.
Source: Corporation report
Relatos de los Hechos
The judges reduced the criminal sentences to eight years of imprisonment.
The Seventh Chamber of the Santiago Court of Appeals confirmed the convictions of three retired Carabineros non-commissioned officers for the aggravated kidnapping of Juan Isaías Heredia Olivares, which occurred starting on September 16, 1973, in the city of Los Ángeles, Biobío Region.
In a unanimous ruling, judges Emilio Elgueta, Helga Marchant, and lawyer Enrique Pérez ratified the conviction handed down by the visiting judge Joaquín Billard on December 11, 2007, but reduced the criminal sentences to eight years in prison for José Jerman Salazar Muñoz, José Miguel Beltrán Muñoz, and Juan Manuel Villablanca Mendez.
In the first instance, Judge Billard had sentenced Salazar Muñoz and Beltrán Muñoz to a term of 12 years in prison.
Source: Tuesday, August 26, 2008 El Mostrador Date: 08-26-2008
Three former Carabineros non-commissioned officers convicted for aggravated kidnapping
Teacher Juan Isaías Heredia, linked to the JAP, was detained at his home in the city of Los Ángeles a few days after the coup d'état. Special judge Joaquín Billard Acuña convicted three retired Carabineros non-commissioned officers for the aggravated kidnapping of Juan Isaías Heredia Olivares, who was detained shortly after the 1973 coup d'état in the city of Los Ángeles, Bío-Bío Region.
The magistrate sentenced José Jermán Salazar Muñoz and José Miguel Beltrán Gálvez to 12 years in prison as co-perpetrators of the crime of aggravated kidnapping, while Juan Manuel Villablanca Méndez was sentenced to eight years for the same crime.
The magistrate also determined to reject the civil lawsuit filed against the Chilean State by the spouse, Nancy Burgos Barriga, and the three daughters of the victim, a primary education teacher who was 41 years old at the time of his detention and a former vice president of the Popular Supply Committee (JAP).
According to the ruling, Heredia was detained on the morning of September 16, 1973, at his home located at Calle Oronpello 440, by a patrol of Carabineros from the First Precinct of Los Ángeles. The officers transported him in a vehicle belonging to the Agriculture and Livestock Service (SAG) to an unknown location, and to date, there is no news regarding his whereabouts, despite being searched for by his relatives in the various police and military units in the area.
Source: elmostrador.cl 12/14/2007 Date: 12-14-2007
Judge Guzmán relegates cases and opens a new investigation
Fulfilling its basic mandate to assist judicial processes aimed at finding the forcibly disappeared, the Human Rights Program, formerly known as the National Reconciliation Corporation, will act as a co-plaintiff in the 22 cases in which special judge Juan Guzmán Tapia declared himself incompetent.
The Program is also refining its strategy to become a party to the proceedings handled by Judge Guzmán regarding the forcibly disappeared or victims of political executions whose remains have not yet been found.
The unresolved point is whether they will file documents according to the already established episodes—Villa Grimaldi, Pisagua, Calle Conferencia, Liquiñe, Operation Condor, Operation Colombo—or only with respect to each of the victims the magistrate is investigating.
To date, Guzmán has only received the document signed by the Undersecretary of the Interior, Jorge Correa Sutil, for the Mapocho mine shaft case, and it is expected that the government-dependent body will soon request proceedings to expedite this case, which is not among Guzmán's priorities.
With this, the Program seeks to have the proceedings progress simultaneously and to meet the challenge of finding the greatest number of remains of the forcibly disappeared. Although the judge originally stated that he was incompetent in 27 proceedings, in recent days, at the request of the plaintiffs, he has decided to revoke some of his resolutions.
This is what happened in the case of Luis Alberto Gómez Cerda, Claudio Romulo Tognola Ríos, and Carlos Miguel Garay Benavides, whose investigation had been delegated to the Tocopilla Court of Letters and today, along with the rest of the cases of the forcibly disappeared in that area, will form a new investigation file titled Tocopilla, which the special judge will delve into in the coming days.
Gómez Cerda was detained on September 13, 1973, while working at the Chuquicamata Division of the Copper Corporation (Codelco) of Tocopilla (Cobrechuqui); there are no reliable records of his socialist militancy to establish what happened to him.
The story is different for Tognola Ríos—an obstetrician (PS) who worked in the maternity ward of the Tocopilla hospital and at the Chemical Society of Chile (Soquimich), and whose trail was lost on September 16, 1973—and for Garay Benavides—a Cobrechuqui supervisor (PC), detained on September 12, 1973—since, according to the plaintiffs, their bodies are in the "La Veleidosa" mine, where excavations have already been carried out, resulting in the discovery of a large number of skeletal remains that would correspond to them.
Another process that will return to Guzmán's hands is the case of Isidoro Carrillo Tornería and others, where Vasili Carrillo acts as a plaintiff, a case that had been rejected by the magistrate and handed over in August of this year to the duty court of Concepción.
But the most transcendental achievement for the plaintiffs was that the minister again accepted the disappearance of Cardenio Ancacura Manquian (PS) and Manuel Jesús Hernández Inostroza, since, according to the report provided by the Armed Forces at the conclusion of the Dialogue Table, their remains were thrown into Lake Ranco, Tenth Region.
Due to the information provided by the Armed Forces, this case constitutes a significant contribution to human rights processes for the plaintiffs, and therefore should not be abandoned by the judge. According to the head of the legal area of the Human Rights Program, lawyer Roberto Garretón, once they know the final list of cases in which Guzmán declared himself incompetent, the immediate step would be to request visiting judges in the corresponding cases and, independently of that, the entity must participate in the investigation.
Cases that Guzmán will not review Among the cases relegated by Guzmán so far, it was established that the investigation into the execution of Mario Alvarado Araya, Faruc Aguad Pérez, Wilfredo Sánchez Silva, and Artemio Pizarro Aranda, who lost their lives at the hands of Army personnel in the Las Coimas sector in San Felipe, will be seen by special judge Gabriela Corti in Valparaíso.
For his part, the disappearance on November 17, 1975, of the socialist militant Miguel Enrique Rodríguez Vergara will be investigated by the judge with exclusive dedication Raquel Lermanda, head of the Ninth Criminal Court of the capital.
The same will happen with the execution in the public thoroughfare suffered on September 24, 1973, by Arnoldo Camu Veloso, legal advisor to President Salvador Allende, whose process will remain in the hands of the exclusive judge María Ines Collins, of the Eighth Criminal Court of Santiago. Other cases in which Guzmán declared himself incompetent:
- Luis Rodríguez Arancibia, Alfredo Moreno Neira, Luis Verdejo Contreras, and Jaime Max Bastián Leiva: will be sent to the Twentieth Criminal Court of Santiago. - Hugo Riveros Gómez: will be in charge of the 18th Criminal Court of the capital. - Juan Isaías Heredía Olivares: will be seen by the Court of Letters of Los Angeles. - José Esaú Velásquez Velásquez and others: will remain in the hands of the Chaitén Court. - Guillermo Vargas Gallardo: will be investigated by the duty Criminal Court of Copiapó. - Humberto Salas Salas: will be reviewed in the duty Criminal Court of Osorno. - Máximo Astolfo Bermúdez Ballón and Juan Rafael Bermúdez Gaete: will be analyzed by the 26th Criminal Court of Santiago. - Tránsito Cabrera Ortiz: will be seen by the Criminal Court of Talcahuano.
- Máximo Segundo Neira Salas: will be investigated by the duty Court of Talcahuano. - Salvador Cautivo Ahumada: will be investigated by the duty Court of Arica. - Miguel Vega: will be analyzed by the duty Court of Curicó. - José Alfonso Constanzo Vera: will be in charge of the duty Court of Talcahuano. - Susana Estrella Obando: will be investigated by the duty Court of Punta Arenas. - Lisandro Salvador Sandoval Fuentes: will be reviewed by the 14th Criminal Court of Santiago. - Silvio Francisco Betancourt Bahamondes: will be analyzed by the duty Court of Punta Arenas. - Ramón Luis Vivanco Díaz: in charge of the Second Court of Letters of San Bernardo. - Guillermo Amador Alvarez Cañas: will remain in the hands of the duty Court of San Antonio. - Ariel Monsalves Martínez: will be seen by the Second Court of Letters of San Bernardo. - Bernardo Mario Lejderman and María del Rosario Avalos Castañeda: will be investigated by the Court of Letters of Vicuña. Judge Sergio Muñoz interrogated former CNI chief Roberto Schmied regarding the Alegría Mundaca case;
Visiting judge Sergio Muñoz interrogated today the former official of the National Intelligence Center (CNI), Brigadier (R) Roberto Schmied Sanzi, to establish whether he bears responsibility as an author, accomplice, or cover-up in the process for the homicide of the carpenter Juan Alegría Mundaca, a crime connected to that of Tucapel Jiménez.
Alegría Mundaca was murdered in 1983 by CNI agents to cover up the homicide of the union leader. On July 19 of last year, the Seventh Chamber of the Court of Appeals sentenced the former operational chief of the CNI, Alvaro Corbalán, and former agents of that organization Carlos Herrera Jiménez and Armando Cabrera to life imprisonment as authors of the crime, while punishing Osvaldo Pincetti with ten years in prison.
In addition, Hugo Alarcón Vergara, former driver for Alvaro Corbalán, is under prosecution. At the time the crime was committed, Schmied was the deputy director of the dissolved CNI and is attributed the status of accomplice for being the superior officer in the chain of command of the agents of that organization who have already been convicted.
The version provided by Schmied in Muñoz's interrogation indicates that he never had knowledge of the operation because he was out of the country at that time, according to his passport, which is included in the file.
Source: Primera Linea September 28, 2001 Date: 09-28-2001
NATIONAL TEACHERS' ASSEMBLY HELD TRIBUTE TO TEACHERS WHO WERE VICTIMS OF THE DICTATORSHIP
Less than a month before the commemoration of the 50th anniversary of the 1973 coup d'état, the National Assembly of the teaching union experienced an emotional moment: teachers' leaders who arrived in Santiago from all over the country took a moment of memory to honor the lives of the 136 teachers who were forcibly disappeared and victims of political executions during the Civil-Military Dictatorship.
On the occasion, along with a red carnation, the "Cueca Sola" was danced, and the College of Teachers reaffirmed its commitment to the fight against denialism regarding the human rights violations that occurred in Chile between 1973 and 1990.
Source: colegiomedico.cl 9/11/2023
References
- 1Museum of Memoryhttps://interactivos.museodelamemoria.cl/victims/?p=594
- 2