Juan Osvaldo Ortiz Moraga
Obrero — 47 years old.
Background
Juan Osvaldo Ortiz Moraga
Obrero — 47 years old.
Case summary
Juan Osvaldo Ortiz Moraga, a 47-year-old laborer with no political affiliation, was arrested at his home by Carabineros on October 21, 1973, and executed by gunfire that same day. He remained in the status of forcibly disappeared until 1992, when it was clarified that his remains had been buried as "NN" in Patio 29 of the General Cemetery of Santiago.
Museo de la Memoria y los Derechos Humanos[1]
ALCAPIA CIENFUEGO, SERGIO ALEJANDRO: 18 years old, single, market assistant, executed on October 21, 1973 in Santiago.
ORTIZ MORAGA, JUAN OSVALDO: 47 years old, single, laborer, executed on October 21, 1973 in Santiago. He remained in the status of forcibly disappeared until 1992. His remains have not been found, nor has his death been legally registered.
VALLE CORTES, JUAN CARLOS: 22 years old, single, messenger, executed on October 21, 1973 in Santiago.
Juan Carlos Valle and Sergio Alejandro Alcapia Cienfuego died at 23:00 hours that day, at kilometer 12 of the Carretera General San Martín, due to multiple gunshot wounds to the cranium with projectile exit, as recorded in the Medical Death Certificate from the Instituto Médico Legal.
Juan Osvaldo Ortiz Moraga died at 06:00 hours that day, in the same location and from the same cause, as recorded in the Medical Death Certificate from the Instituto Médico Legal. He remained in the status of forcibly disappeared until 1992, when it was clarified that he had been buried as an "unidentified male" (NN masculino) in Patio Nº29 of the Cementerio General de Santiago.
According to eyewitnesses, they were detained inside the Quinta Bella neighborhood in the commune of Recoleta by Carabineros officers belonging to the Fifth Precinct of the sector, while they were conducting an operation in the area. Juan Carlos Valle was detained on the public thoroughfare in front of his house; Sergio Alcapia, while getting off a public bus; and Juan Ortiz, inside his home.
The families of Juan Carlos Valle and Sergio Alcapia were denied the detention at the police station. Days later, both families found their bodies at the Instituto Médico Legal.
Regarding the family of Juan Ortiz, a surviving witness told them a week after the detention that on that same day, Carabineros had transported them, along with other people, to a vacant lot, where they shot them. According to the witness, he was released and his life was spared because he had small children. From that date on, Juan Ortiz's family did not know his whereabouts.
In 1991, during an investigation substantiated in the Third Criminal Court of Santiago regarding several forcibly disappeared persons, it was proven that Autopsy Protocol Nº3446, attributed to an "unidentified male," belonged to Juan Ortiz; and that his remains had been buried under that status in Patio Nº29 of the Cementerio General.
Up to the moment the Superior Council reviewed this case, his remains had not been located, and for that reason, his death has not been able to be registered in his name.
Considering the evidence gathered and the investigation carried out by this Corporation, and having verified their detentions, the Superior Council reached the conviction that Sergio Alejandro Alcapia Cienfuego, Juan Osvaldo Ortíz Moraga, and Juan Carlos Valle Cortés were executed outside of any legal process by State agents, who, with the purpose of concealing their actions, subsequently abandoned their bodies without identification on the public thoroughfare.
For this reason, it declared them victims of human rights violations.
MemoriaViva[2]
Relatos de los Hechos
Date of Birth: 01/16/26, 47 years of age at the time of his detention. Address: Guillermo 2626, Población Quinta Bella (currently Quinta Buin), Recoleta Marital Status: Single, 1 child. Occupation: Laborer. Political Affiliation: None Date of Detention: October 21, 1973
REPRESSIVE SITUATION
Juan Osvaldo Ortiz Moraga, a father of one, a laborer with no political affiliation, was detained on October 21, 1973, at his home located at Guillermo 2629, Población Quinta Bella, Recoleta. The detention was carried out by Carabineros, who forced the victim into a police van and took him to an unknown destination.
Since that date, he has remained in the status of forcibly disappeared. Juan Ortiz was an illiterate worker at the Vega Central in Santiago and had no political affiliation. On October 21, he was at home on medical leave, as he had injured his collarbone and was in a cast following a work accident.
At approximately 11:00 a.m., a patrol of 4 Carabineros from the Quinta Comisaría entered the house and detained the victim. When asked why they were taking him, they replied that if he did not hurry, they would "liquidate" him right there.
He was placed in a police van, which contained other detainees, and they were taken to an unknown destination. Since his detention on the aforementioned date, his family and friends have had no further news of the victim, and he remains in the status of forcibly disappeared.
JUDICIAL AND/OR ADMINISTRATIVE ACTIONS
Mr. Juan Carmelo Ortiz Valdés, the victim's son, filed a report of alleged disappearance on August 21, 1991, regarding his father, Juan Osvaldo Ortiz Moraga, who was detained by Carabineros personnel on October 21, 1973.
This report was filed with the Twenty-First Criminal Court of Santiago, case file 34719-5, and it was requested that an investigation order be issued to the Investigative Police, and that the Quinta Comisaría of Carabineros be requested to provide a certified copy of the detainee log from October 21, 1973, and the daily logbook from the same date.
Furthermore, he requested that the Civil Registry, local hospitals, the Legal Medical Institute, and cemeteries be officially consulted regarding the victim's whereabouts. It was also requested that the corresponding Criminal Courts and military prosecutor's offices be consulted to report if they had any knowledge of the event.
As of December 1992, the case was in the summary investigation stage. Ms. Eliana Valdés Riquelme, the mother of his child, searched for him in various detention centers and at the Quinta Comisaría of Carabineros, where they denied the detention.
She went to hospitals, emergency clinics, and the Legal Medical Institute. All these searches were unsuccessful. The anthropometric data of Juan Osvaldo Ortiz Moraga were attached to case 4449 AF of the 22nd Criminal Court of Santiago, regarding the crime of illegal burial in Patio 29 of the General Cemetery of unidentified persons who died between September and December 1973.
The investigating judge of the case ordered the excavation of 108 graves in September 1991. From there, 125 bodies were exhumed and sent to the Legal Medical Institute. Currently (late 1992), the forensic identification reports are pending.
Relatos de los Hechos
Santiago Court reduces sentences for retired Carabineros for kidnapping and homicide at the Recoleta sub-precinct.
The appellate court sentenced Alan Hernán González Morán and Luis Humberto Solís Lillo to two sentences of 2 years and 6 months in prison, with the benefit of intensive supervised release for a period of 5 years, as authors of the crimes.
In a unanimous ruling, the Santiago Court of Appeals reduced the sentences to be served by two former members of the Carabineros as responsible for the crimes of simple homicide of Juan Carlos Valle Cortés and the aggravated kidnapping of Juan Ortiz Moraga, crimes perpetrated in October 1973 in the commune of Recoleta.
The appellate court sentenced Alan Hernán González Morán and Luis Humberto Solís Lillo to two sentences of 2 years and 6 months in prison, with the benefit of intensive supervised release for a period of 5 years, as authors of the crimes.
In the case, the court acquitted González Morán and Solís Lillo of the accusation that identified them as authors of the crime of aggravated homicide of Sergio Alejandro Alcapia Cienfuego. During the investigation stage of the case, Minister Mario Carroza established that: on October 21, 1973, at approximately 12:15 p.m., Juan Osvaldo Ortiz Moraga, Juan Carlos Valle Cortés, and Sergio Alejandro Alcapia Cienfuego were detained—the first at his home on Calle Guillermo No. 2629, Recoleta, and the other two on the public thoroughfare—by Carabineros personnel assigned to the Recoleta Sub-precinct.
Specifically, Mr. Ortiz Moraga and Mr. Valle Cortés were detained by Carabineros officers Juan Aros Ojeda and Luis Humberto Solís Lillo. The detainees were taken to said police unit and, at least Ortiz Moraga and Valle Cortés were handed over to the Duty Sub-officer, Mr.
Alan González Morán, at a facility where Carabinero Hugo Pizarro Wittemberg—who died on August 4, 2017—was on duty. The lifeless bodies of Mr. Alcapia Cienfuego and Mr. Valle Cortés were later found by their relatives at the Legal Medical Service, having been discovered at kilometer 12 of the Carretera General San Martín on the same day, October 21, 1973, with gunshot wounds to the skull with exit wounds.
The detainee, Mr. Ortiz Moraga, was last seen inside the Recoleta Sub-precinct, and there is no news of his whereabouts to this day. It is also a fact that the detainees, Mr. Ortiz Moraga and Mr. Valle Cortés, appear to have signed their release records from the aforementioned Sub-precinct at 5:15 p.m. on that day, October 21, 1973, a record that is obviously false." Regarding the civil aspect, with the dissenting vote of Minister Mera, the sentence ordering the state treasury to pay compensation of $100,000,000 to the relatives of Ortiz Moraga was confirmed.
Source: diarioconstitucional.cl 11/20/2018
Date: 11-20-2018
FORMER DINA AGENTS RECEIVE NEW SENTENCE FOR THE KIDNAPPING OF PEDRO MERINO MOLINA
In another case, the Visiting Minister of the Santiago Court of Appeals, Mario Carroza, issued an indictment in three cases of human rights violations perpetrated between 1973 and 1975 in the Metropolitan Region, which includes state agents.
The Santiago Court of Appeals issued a second-instance sentence in the investigation into the aggravated kidnapping of Pedro Merino Molina, which occurred starting on September 14, 1974, in the city of Coronel, Eighth Region, a victim of human rights violations whose last known whereabouts was the former Colonia Dignidad.
The ministers of the Fourth Chamber of the appellate court, Juan Manuel Muñoz Pardo, Amanda Valdovinos, and Christian Le-Cerf, sentenced former agents of the National Intelligence Directorate (DINA) Manuel Contreras Sepúlveda, Pedro Espinoza Bravo, Orlando Manzo Durán, and Fernando Gómez Segovia, as well as retired Carabineros Colonel Sergio Apablaza Rozas and retired Carabineros Sub-officer Manuel Rioseco Paredes, to 5 years and one day in prison, without benefits.
Additionally, the chamber maintained the acquittal of former Colonia Dignidad member Gerd Seewald Lefevre. In the civil aspect, the appellate court ratified the sentence that ordered the state treasury and the convicted individuals to pay compensation for moral damages to the victim's relatives.
The total sum of $155,000,000 is divided as follows: $50,000,000 for Ana Cledia Molina Palacios (the victim's mother), and $15,000,000 for each of the 7 siblings: Ana María, Luis Alberto, Rosa Elena, David Segundo, Adela del Carmen, Ricardo Antonio, and Ivonne Merino Molina.
INDICTMENTS ISSUED IN HUMAN RIGHTS VIOLATION CASES
The Visiting Minister of the Santiago Court of Appeals, Mario Carroza, issued an indictment in three cases of human rights violations perpetrated between 1973 and 1975 in the Metropolitan Region, which includes state agents.
In the first resolution, the magistrate indicted retired Carabineros members Alan González Morán, Luis Solís Lillo, Hugo Pizarro Wittemberg, and José González Inostroza for their responsibility in the aggravated homicides of Sergio Alcapia Cienfuegos and Juan Carlos Valle Cortés and the aggravated kidnapping of Juan Ortiz Moraga, which occurred on October 21, 1973.
In the second resolution, Minister Carroza indicted the former director of the DINA, Manuel Contreras Sepúlveda, for his responsibility in the aggravated kidnapping of Mónica Llanca Iturra, which occurred starting on September 6, 1974.
In the third resolution, the magistrate indicted retired Carabineros officers Sergio Ávila Quiroga and Ismael González Vega for their responsibility in the homicide of José Quiroz Opazo, which occurred on October 27, 1975, in the Metropolitan Region.
Source: LA NACIÓN - June 2, 2014
Date: 06-02-2014
Judicial Case Files[3]
Sergio Alcapia Cienfuego, Juan Carlos Valle Cortés, Juan Ortiz Moraga
- Mario Carroza
- 33547-2018
- 608-2016
- 76-2011
- Metropolitana De Santiago
- Alan Hernan Gonzalez Moran
- Luis Humberto Solis Lillo
References
- 1Museum of Memoryhttps://interactivos.museodelamemoria.cl/victims/?p=450
- 2
- 3