On December 2, 1973, in the Frutillar sector, the following individuals were killed by personnel from the Carabineros and the Fuerza Aérea:

Luis Uberlindo ESPINOZA VILLALOBOS, 33 years old, a socialist militant, former deputy for the Puerto Montt area, and farmer; and

Abraham OLIVA ESPINOZA, a peasant leader and socialist militant.

According to the official version provided by the Chief of the Zone under State of Siege for the Province of Llanquihue and Chiloé, as stated in a proclamation, it was reported that around 3:20 a.m. on December 2, 1973, on Route Five, north of Frutillar, "a military vehicle tasked with transporting prisoners to the Valdivia Prison was attacked with firearms.

When the patrol repelled the action, a prisoner attempted to escape, taking advantage of the confusion and darkness. The patrol used their firearms, resulting in the instantaneous death of Luis Espinoza Villalobos and one of the attackers identified as Abraham Oliva. The rest of the attackers fled into the darkness in the face of the patrol's action."

Former deputy Espinoza had been prosecuted prior to September 11, 1973, by the ordinary justice system, accused of the crime of contempt. On September 26 or September 27, 1973, he was transferred by military orders to the Puerto Montt Regiment, where he was held in absolute incommunicado detention.

Abraham Oliva Espinoza had been detained and released with an order to sign in daily at the Fresia Tenencia.

The Commission reached the conviction that the deaths of the two aforementioned individuals did not correspond to an attempted escape, but rather to the execution of two detainees, constituting a violation of human rights, based on the following circumstances:

– The immediate death of the detainee Luis Espinoza Villalobos, under conditions where he was unarmed and under heavy military guard;

– One of the individuals who allegedly assaulted the patrol was Abraham Oliva Espinoza, a socialist peasant leader, who died in the alleged action. This person was required to sign in daily at the Fresia Tenencia, which he did on the day of the events, being detained at that location until the hour of the curfew, according to credible statements received by the Commission;

– It is not plausible that Oliva could have organized the alleged rescue, given the limitations imposed by his obligation to sign in at the Tenencia and taking into account that he had been detained until very recently. It is also inexplicable that Oliva would have known the day, time, and location of the transfer of former Deputy Espinoza;

– Espinoza's autopsy was not performed by the appropriate physician, as was verified. His death certificate indicates the cause of death as: "Severe polytrauma, complicated trauma to the skull, thorax, and abdomen." Both bodies were delivered to their families in sealed coffins;

– Even if Oliva had not been detained and executed, it is not acceptable that the only people injured were the two deceased, with no one from the patrol transporting the detainee Espinoza, and none of the other alleged attackers, sustaining injuries.