Manuel Jesús Arias Zuñiga
Mecánico ENDESA — 43 years old.
Background
Manuel Jesús Arias Zuñiga
Mecánico ENDESA — 43 years old.
Case summary
Manuel Jesús Arias Zúñiga, a 43-year-old mechanic for ENDESA with no political affiliation, was a victim of human rights violations on November 13, 1973, in Polcura. His case is part of the episode that affected workers at the El Toro and El Abanico power plants in the Biobío Region.
Museo de la Memoria y los Derechos Humanos[1]
On November 13, Manuel Jesús ARIAS ZUÑIGA, 43 years old, a mechanic at the Empresa Nacional de Electricidad (ENDESA) El Toro power plant and a union leader, was detained. He was apprehended at his home in Alto Polcura, in the Cuatro Juntas sector, by military personnel and taken to the Alto Polcura police station, which falls under the jurisdiction of Antuco.
According to his family members, Carabineros informed them that he had been transferred to Los Angeles. However, despite the efforts made since his detention, he remains forcibly disappeared.
The Commission has reached the conviction that this case constitutes a human rights violation perpetrated by State agents, given that the detention is corroborated by the testimonies received. The versions provided by police authorities are implausible, and it is equally unbelievable that after so many years, the family has not received any news from the affected party.
MemoriaViva[2]
Relatos de los Hechos
Manuel Jesús Arias Zúñiga, married, father of two, an ENDESA mechanic and union leader with no known political affiliation, was detained on November 13, 1973, at approximately 5:00 a.m. at his home by a military patrol.
They took him to the Alto Polcura Guard Post, which was under the jurisdiction of the Antuco Carabineros Station in Los Angeles. From there, it was stated that he had been transferred to the Los Angeles Regiment.
However, information that could not be confirmed suggests that the victim may have been executed and thrown into Laguna Verde by his captors. What is certain is that Manuel Jesús Arias disappeared from the very moment he was taken from his home.
According to his wife, Audolia Vergara Castro (now deceased), the victim had been detained previously in the Rayenco sector (where the "El Toro" Power Plant is located) between October 5 and 8, 1973, after which he was released.
In April 1974, Mrs. Audolia Vergara went to the "El Toro" Power Plant, where she was informed at the Welfare office of her husband's apprehension by the military. She was handed a package containing his belongings and documents, without being given further details.
JUDICIAL AND/OR ADMINISTRATIVE ACTIONS
On March 25, 1975, his spouse filed a writ of amparo for Manuel Jesús Arias with the Court of Appeals of Concepción, which was registered under No. 3380. The Court requested reports from various authorities regarding the victim's detention.
On April 2, 1975, Division General and Minister of the Interior Raúl Benavides Escobar reported that his Ministry lacked information regarding the victim. On April 7 of the same year, Brigadier General and Commander-in-Chief of the III Army Division Nilo Floody Buxton issued a statement to the same effect.
On April 9, 1975, the amparo was rejected, and the records were sent to the criminal court on duty in Los Angeles to initiate a summary proceeding.
Thus, on April 23, 1975, the 2nd Criminal Court of Los Angeles opened case file No. 16,659 regarding the alleged disappearance of Manuel Jesús Arias Zúñiga. During the proceedings, an investigation order was issued to the Investigations Police, which resulted in the finding that no records existed regarding the case at either the Los Angeles Infantry Regiment or the Antuco Carabineros (May 22, 1975).
The Head of Welfare at the "El Toro" Power Plant, Carlos Rojas Morales, also testified in this process, stating that he did not remember if the victim's name appeared on a list he held in his possession, which contained the names of several detainees.
On October 29, 1975, the summary was closed, and the case was temporarily dismissed because the "perpetration of the crime had not been completely justified." On November 26 of the same year, the Court of Appeals of Concepción approved the judge's ruling.
Source: (Corporation Report)
Relatos de los Hechos
Minister Paola Plaza González orders the imprisonment of a retired Lieutenant Colonel convicted for the Endesa Episode kidnapping.
Retired Lieutenant Colonel Walther Klug Rivera must serve a 10-year prison sentence for his responsibility as the perpetrator of qualified kidnappings and homicides between September and November 1973.
The Minister for human rights cases of the Santiago Court of Appeals, Paola Plaza González, issued an order for the incarceration of retired Lieutenant Colonel Walther Klug Rivera, who was sentenced to 10 years in prison for his responsibility as an accomplice in the so-called Endesa Episode, a case involving human rights violations.
The incarceration order was carried out after an Italian court granted the extradition request filed by the visiting minister Mario Carroza—then the instructor of the case—so that Klug Rivera could serve the sentence handed down in October 2014.
That ruling convicted Klug Rivera for his responsibility in the qualified kidnappings and qualified homicides of victims Juan Miguel Yañez Franco, César Augusto Flores Baeza, Víctor Jerez Meza, Mario Belmar Soto, Mario Samuel Olivares Pérez, Juan Eladio Ulloa Pino, Víctor Adolfo Ulloa Pino, Abraham López Pinto, José Abel Coronado Astudillo, Abel José Carrasco Vargas, Alamiro Segundo Santana Figueroa, Luis Leopoldo Sepúlveda Núñez, Plutarco Coussy Benavides, Wilfredo Hernán Quiroz Pereira, Exequiel del Carmen Verdejo Verdejo, Domingo Norambuena Inostroza, Luis Eduardo Vergara Corso, Benjamín Antonio Orrego Lillo, José Óscar Badilla García, Manuel Antonio Aguilera Aguilera, Manuel Sepúlveda Cerda, Bernardo Samuel Meza Rubilar, and Manuel Jesús Arias Zúñiga, all of whom were linked to the El Toro and El Abanico hydroelectric plants and were detained between September and November 1973 by members of the Chilean Army.
Source: diarioconstitucional.cl 8/2/2021
Date: 08-02-2021
CIVIL COURT ORDERS INDEMNIFICATION FOR ENDESA TOPOGRAPHER TORTURED AT THE LOS ANGELES REGIMENT IN 1973
The victim's father, Manuel Jesús Arias Zúñiga, also an Endesa worker, was detained in November 1973, and his whereabouts were never known again. The 28th Civil Court of Santiago accepted the claim for damages filed by Pedro Luis Arias Vergara, a topographer who was detained on September 20, 1973, by a military patrol while heading to his workplace at the El Toro hydroelectric plant.
Along with other workers from the then-National Electricity Company (Endesa), he was taken to the Los Angeles Mountain Regiment, a military facility where he was subjected to torture sessions and mock executions, among other abuses and degrading treatment.
In the ruling (case file 10.367-2020), Judge Lilian Lizana Tapia accepted the reparation action after establishing that Arias Vergara was a victim of a crime against humanity, which is imprescriptible in both criminal and civil venues. Consequently, she ordered the defendant to pay him an indemnity of $100,000,000 (one hundred million pesos) for moral damages.
The facts: Pedro Luis Arias Vergara was returning from Talca on September 20, 1973, when he was detained by a military patrol from the Los Angeles Regiment, along with other workers, while traveling to the El Toro Power Plant, owned by Endesa.
The uniformed officers were carrying a list that had been compiled by individuals sympathetic to the coup plotters, among whom was the plant's chief engineer, Jorge Egans. Pedro Arias's social work, his membership in the Communist Youth, and his role as president of the Student Center of the Topography School at the University of Concepción, Los Angeles branch, were factors that made him well-known.
After his detention, he was taken to the Los Angeles Mountain Regiment, where he was tortured. Prisoners were thrown to the ground face down, blindfolded, and with their hands tied, while their captors walked on their backs, subjecting them to all kinds of mistreatment and abuse.
The place had become a true concentration camp where many Endesa workers arrived as detainees, most of whom had no political affiliation or partisan interests. The facility was under the charge of Army Lieutenant Walter Klug Rivera, who held absolute power over the prisoners and participated directly in interrogations and mock executions.
Most of the torture sessions took place at night, when uniformed officers would take one of the detainees to interrogate them about alleged organizations and the names of other involved individuals. Generally, the person being interrogated was subjected to beatings, electric shocks, and other forms of torture.
The document also recounts that Pedro Arias was subjected to mock executions three times.
The story of his father: It was on November 13, 1973, when Arias learned that his captors were looking for his father, Manuel Jesús Arias Zúñiga, an Endesa worker in the Cuatro Juntas sector, in Alto Polcura, on the other side of Lake Laja.
That was how he learned that he had been detained at his workplace and never heard from him again. Only when he read the sentence of the process handled by Minister Jorge Zepeda was he able to learn all the details of his detention, torture, and death. His father's remains were never found.
Freedom and exile: Pedro Arias was released in December 1973, before Christmas. He was under a measure requiring him to sign in at the Talca regiment for 6 months, without being able to leave the city. He was eventually fired from Endesa and, some time later, in 1977, he left the country for Venezuela.
Arguments for accepting the claim: One of the arguments for accepting the filed claim concerns the imprescriptibility of the matter at hand. "The reasoning and foundations contained in the ruling of our highest court, which this judge shares, are decisive in concluding that the action deduced in the case files is imprescriptible, given that in the normative context in which the controversy has been centered, it is not possible to classify said indemnification action as merely patrimonial in nature, as the Chilean Treasury maintains, because the facts upon which it is based, and the consequences they have generated for the plaintiff regarding his physical and psychological integrity and the impact on his personal dignity, are foreign to a civil relationship, whether contractual or extracontractual. This type of responsibility does not emanate from a conventional relationship or from the perpetration of a common crime, or from a relationship of a merely private nature, but rather from facts with international and humanitarian relevance, since it is founded on the perpetration of a crime against humanity, due to the existence of an infringement of the statute governing international human rights law. For the reasons stated, the exception of prescription opposed by the Chilean Treasury must be dismissed," the court reasons.
"The serious violations of the rights inherent to his person suffered by the plaintiff, upon being detained, imprisoned, and subjected to physical and psychological torture, as has been established in the Fourth motivation of this sentence, are facts that are decisive in reaching the conviction that the plaintiff has effectively suffered physical pain, suffering, and anguish with evident impairment of his physical, psychological, and affective integrity and his peace of mind, due to the consequences derived from the illicit actions of agents and organs of the State, which caused a significant transformation in his life and which, in the opinion of this judge, necessarily constitutes moral damage that must be repaired," it adds.
"Regarding the quantum of the indemnity, this turns out to be one of the most controversial and difficult issues to resolve in matters of liability, given that moral damage is produced within the victim, such that there are no objective parameters that allow for its adequate assessment."
"However, it is equally possible to consider some more or less objective criteria that can be weighed for the determination of the reparation: a) The amount of the indemnity must be equivalent to the magnitude of the damage actually and effectively suffered by the plaintiff; b) The indemnity simply compensates or neutralizes—as far as possible—the unjust injury to a non-patrimonial right such as those mentioned above, and cannot constitute an occasion for enrichment; c) The circumstances in which the events occurred; d) The disorders produced as a consequence of the damaging act and the necessary rehabilitation period," it describes.
"In accordance with what has been reflected in the preceding motivations, this judge will prudently regulate the amount of the indemnity for moral damages in the sum of $100,000,000 (one hundred million pesos)," it concludes.
Source: Tribuna del BioBio (Chile) 01/08/2022
Date: 01-08-2022
Supreme Court issues final sentence for the kidnappings and homicides of 23 workers from the El Toro and El Abanico power plants
The Supreme Court issued a final sentence in the investigation into the crimes of qualified kidnapping and homicide of 23 workers from the El Toro and El Abanico hydroelectric plants; seven of them were executed, and the rest were forcibly disappeared.
These illicit acts were perpetrated between September 11 and November 17, 1973, and were investigated in the first instance by Minister Jorge Zepeda Arancibia.
In a split decision, the Second Chamber of the highest court—composed of ministers Milton Juica, Carlos Künsemüller, Haroldo Brito, Lamberto Cisternas, and Andrea Muñoz—rejected the cassation appeals filed against the ruling of the Santiago Court of Appeals, which sentenced:
- Patricio Martínez Moena, retired Army General, to a 20-year prison sentence, without benefits;
- Walter Klug Rivera, retired Colonel, to 10 years and 1 day in prison, without benefits; and
- Officer Ismael Espinoza Silva to 5 years in prison, with the benefit of supervised release.
These sentences must be served for their responsibility in the homicides of: Juan Miguel Yañez Franco, César Augusto Flores Baeza, Víctor Jerez Meza, Mario Belmar Soto, Mario Samuel Olivares Pérez, Juan Eladio Ulloa Pino, and Víctor Adolfo Ulloa Pino; as well as the qualified kidnappings of: Abraham López Pinto, José Abel Coronado Astudillo, Abel José Carrasco Vargas, Alamiro Segundo Santana Figueroa, Luis Leopoldo Sepúlveda Núñez, Plutarco Coussy Benavides, Wilfredo Hernán Quiroz Pereira, Exequiel del Carmen Verdejo Verdejo, Domingo Norambuena Inostroza, Luis Eduardo Vergara Corso, Benjamín Antonio Orrego Lillo, José Óscar Badilla García, Manuel Antonio Aguilera Aguilera, Manuel Sepúlveda Cerda, Bernardo Samuel Meza Rubilar, and Manuel Jesús Arias Zúñiga.
Regarding the civil aspect, the Penal Chamber ratified the ruling that ordered the Treasury to pay an indemnity of $50,000,000 (fifty million pesos) to each of the nine relatives of the victims who were executed or forcibly disappeared in 1973 in the mountainous sector of Los Angeles, Bío Bío Region.
According to Minister Zepeda's investigation, the following sequence of events was determined:
"a) That in the mountainous sector, east of the city of Los Angeles, are located the El Toro and El Abanico hydroelectric plants, belonging to the National Electricity Company, ENDESA.
b) That the workers of said hydroelectric plants, as of September 11, 1973, mostly resided with their families in small rural towns in said area, forming the towns of 'Los Canelos', 'Rayenco', 'Polcura', 'Antuco', in addition to the work camps of the 'El Toro' and 'El Abanico' hydroelectric plants, and further east, behind the Laja lagoon, the 'Cuatro Juntas' camp, a sector that was called 'Mallines del Sol', belonging to the Alto Polcura ravine, named after the 'Polcura' river that runs through the place, where the workers also spent periods performing their habitual duties.
That subsequent to the date indicated above, upon the violent change of government due to the Coup d'État of September 11, 1973, the aforementioned workers, as well as the rest of the civilian population of said towns, supporters of the previous government that was deposed that day, in application and knowledge of a policy of the new regime and in a flagrant attack on human dignity and the very notion of humanity, were persecuted and detained by State agents, under the pretext that the victims intended to attack detention centers to free persons deprived of liberty by the military authority and/or to attack the hydroelectric plants where many of them worked, with their final destination being their confinement or deprivation of liberty in the Regiment located in the city of Los Angeles or in places dependent on this unit, and ultimately being killed and, in other cases, forcibly disappeared to this day."
The Supreme Court's sentence was adopted with the dissenting vote—on the penal aspect—of Minister Lamberto Cisternas, who was in favor of accepting mitigating factors of responsibility in the case of the convicted Klug Rivera; and the dissenting opinion of Minister Muñoz, who was in favor of accepting the prescription of the civil action in the case.
Source: El Clarin 24 October 2014
Date: 24-10-2014
Sentences increased for those responsible for the kidnapping and death of 21 Endesa workers in 1973
Three State agents were sentenced to terms ranging from 20 years in prison in its maximum degree to 5 years in prison, as responsible for the crimes of qualified homicide and qualified kidnapping of 21 workers from the El Toro and El Abanico hydroelectric plants of Endesa, located in the Bío Bío province, events that occurred between September 14 and November 6, 1973.
The resolution was issued by the Eleventh Chamber of the Court of Appeals of Concepción, after processing cassation and appeal resources against the sentence issued in the first instance by Minister Jorge Zepeda on November 18, 2010.
Almost three years after the cassation and appeal were filed, the Santiago appellate court ruled to increase the sentence imposed on Patricio Martínez Moena from a total of six years in prison to twenty years of major imprisonment in its maximum degree, without benefits, for the crimes of qualified homicide against Juan Miguel Yáñez Franco, Cesar Augusto Flores Baeza, Víctor Jerez Meza, Mario Belmar Soto, Mario Samuel Olivares Pérez, Juan Eladio Ulloa Pino, and Víctor Adolfo Ulloa Pino, and the crimes of qualified kidnapping of José Abel Coronado Astudillo, Abel José Carrasco Vargas, Alamiro Segundo Santana Figueroa, Luis Leopoldo Sepúlveda Núñez, Plutarco Coussy Benavides, Wilfredo Hernán Quiroz Pereira, Exequiel del Carmen Verdejo Verdejo, Domingo Norambuena Inostroza, Luis Eduardo Vergara Corso, Benjamín Antonio Orrego Lillo, José Oscar Badilla García, Manuel Antonio Aguilera Aguilera, Manuel Sepúlveda Cerda, and Bernardo Samuel Meza Rubilar.
Similarly, the acquittal that benefited Walter Klug Rivera was revoked, and he was sentenced to 10 years and 1 day in prison, without benefits, for the same crimes as the convicted Martínez.
Regarding Ismael Espinoza Silva, his sentence was maintained at 5 years in prison, although he was granted the benefit of supervised release.
Regarding the participation of Patricio Martínez Moena, the ruling indicates that it is proven that "subsequent to September 11, 1973, he was part of an Advisory Committee, which, among other missions, had the task of arranging strategies for the elimination of persons and establishing strategies for public justification and apparent causes for future deaths, and that the persons who, after being detained by the Carabineros and Army forces, were taken to the detention camp organized inside Regiment No. 3 of Los Angeles, could only leave with the authorization of the aforementioned defendant.
Thus, in prior concert with the authorities of the Regiment, with his authorization for the release of the detainees who ended up dead and disappeared, he facilitated the means for the execution of the crimes sub lite, a matter he could not ignore as he was in command of the Military Intelligence Service (SIM) at that time."
Regarding the situation of Walter Klug, the statements that the accused made constitute for the judges "a qualified confession... because although he denies that in the detention camp he organized in the stables of Regiment No. 3 of Los Angeles, detainees were tortured, murdered, or forcibly disappeared, as he also denies knowing about the victims of the case, the fact is that the detention camp he implemented had the evident purpose that such detainees be kept outside the detention centers permitted by Law, thereby making it possible for several of the detainees taken to said Regiment by officials of the Carabineros guard posts in the sectors of the Endesa Power Plants in the foothills of Los Angeles, and by military personnel who installed themselves in said area after September 11, 1973, to be taken out of the prisoner camp under his charge by agents and members of the army, who, outside of any process and by mere political repression, were killed or forcibly disappeared."
"Moreover, he acknowledges having received the superior order to assume administrative responsibility for all the facilities where there were detainees and that the detainees could only leave by express provision of Patricio Martínez Moena, whom he recognizes as a member of the Advisory Committee that was formed after September 11, 1973, a committee that, as he declares, had among other missions 'to order strategies for the elimination of persons,' in relation to the 'Law of Flight'."
Also in this resolution, the ruling in the lower court that had rejected the civil claims filed by Ester Pamela Sepúlveda Huayco and Alejandro Olivares Pérez against Walter Klug Rivera was revoked, and in its place, it is resolved: to condemn Walter Klug Rivera to pay, jointly and severally with the Chilean Treasury and Patricio Gustavo Martínez Moena, an indemnity of $50,000,000 to each of the plaintiffs.
The 28-page sentence was issued by presiding minister Hernán Crisosto and substitute ministers Elsa Barrientos and Gloria Solís. The latter was in favor of confirming the lower court's sentence in all its parts, and without modifications, by virtue of her own foundations.
Source: TribunaldelBioBio.cl 29 October 2013
Date: 29-10-2013
Sentences issued for Endesa executed victims
Visiting Minister Jorge Zepeda Arancibia issued a final sentence in the investigation into the homicides and kidnappings during the dictatorship of 23 employees and workers of the El Toro and El Abanico hydroelectric plants, within the framework of the so-called Endesa case.
The homicides were committed in the final days of 1973 and the beginning of 1974, in the commune of Los Angeles, Biobío Region. The opponents were detained after the military coup, and the remains of several of them were found in 1990 inside the La Mona estate, which is currently owned by the forestry company Mininco.
Among those convicted is retired General Patricio Martínez Moena, head of Department II of Intelligence of the Los Angeles Regiment, who received a 6-year prison sentence. Likewise, he sentenced Ismael Espinosa Silva to 5 years for the kidnapping of Manuel Arias Zúñiga. In this case, the benefit of supervised release was granted.
In addition, he applied for the first time in Chile what is regulated in the Rome Statute of the International Criminal Court, by acquitting retired Colonel Walter Klug Rivera due to the exemption of due obedience.
The sentence also considers a dismissal due to death in the case of the Regiment commander, Alfredo Rehren Pulido.
Judge Zepeda also accepted the claims for damages against the Treasury. It must pay 50 million pesos to each of the 9 relatives of the victims who filed a judicial action.
Source: La Nacion 18 November 2010
Date: 18-11-2010
Santiago Court confirms payment of indemnity to relatives of forcibly disappeared Endesa workers
In a unanimous ruling, the Fifth Chamber confirmed the sentence that ordered the Treasury to pay a total indemnity of $720,000,000 for moral damages to the relatives of Manuel Arias Zúñiga, Alamiro Santana Figueroa, José Badillo García, Plutarco Coussy Benavides, and Exequiel Verdejo Verdejo, workers of the Endesa El Toro and El Abanico hydroelectric plants, who were detained and forcibly disappeared by State agents after September 11, 1973.
The Santiago Court confirmed the sentence that ordered the Treasury to pay a total indemnity of $720,000,000 for moral damages to the relatives of Manuel Jesús Arias Zúñiga, Alamiro Santana Figueroa, José Óscar Badillo García, Plutarco Coussy Benavides, and Exequiel del Carmen Verdejo Verdejo, workers of the Endesa El Toro and El Abanico hydroelectric plants, who were detained and forcibly disappeared by State agents after September 11, 1973.
In a unanimous ruling (case file 7.947-2020), the Fifth Chamber of the appellate court—composed of Minister Alejandro Rivera, Minister Carolina Bustamante, and lawyer (i) Jorge Gómez—confirms the challenged sentence, issued by the Fifth Civil Court of Santiago, with the declaration that the sums ordered to be paid "shall be paid with current interest for adjustable operations, which will be generated only from the moment the debtor, the Chilean Treasury, incurs in default in their payment."
"First, this Court shares the arguments of the first instance to dismiss the exceptions opposed," the ruling states.
The resolution adds: "Indeed, the symbolic reparation that the State of Chile has made or the benefits granted by the PRAIS Program cannot be considered sufficient, since these are general reparations that fail to repair the particular and specific damage suffered by victims of human rights violations and which can only be determined in a trial in which the particular situations of each case can be weighed, so that the exception of reparation opposed should have been dismissed."
"Regarding the exception of prescription, it is a peaceful fact that international law enshrines the imprescriptibility of war crimes and crimes against humanity, with the Geneva Convention prohibiting contracting parties from exonerating themselves from the responsibilities incurred due to such facts," it adds.
"Thus," it delves, "as the jurisprudence of the Most Excellent Supreme Court has maintained in various rulings, 'it is not coherent to understand that the correlative civil indemnification action is subject to the rules on prescription contemplated in internal civil law, since this contradicts the express will manifested by international Human Rights regulations, which are part of the national legal system, in harmony with the second paragraph of article 5 of the Fundamental Charter...' (Case files 20.288-2014; 22.856-2016, among others).
The national civil legislation that enshrines the institution of prescription refers to common illicit acts and was never intended for cases as serious as human rights violations, the establishment of which is achieved after political-governmental changes and which usually last for many decades, as national experience demonstrates."
For the appellate court, in the specific case: "(...) the legal precepts invoked by the Chilean Treasury as the foundation for its request are not relevant as they are in contradiction with the norms of International Human Rights Law, which protect the victim's right to receive the corresponding reparation, which is why the first-instance court is correct in dismissing the extinctive prescription invoked as the main allegation and the ordinary extinctive prescription deduced in the alternative."
"Regarding the monetary amount regulated for moral damages, for which the documentary and testimonial evidence alluded to in the third, fourth, fifth, sixth, and seventh motives of the lower court's sentence were attached, which are those that allowed for the accreditation as facts that Mr.
Manuel Jesús Arias Zúñiga, Mr. Alamiro Santana Figueroa, Mr. José Óscar Badillo García, Mr. Plutarco Coussy Benavides, and Mr. Exequiel del Carmen Verdejo Verdejo were victims of the crime of qualified kidnapping by agents of the State of Chile, all being, consequently, victims of crimes against humanity," the resolution affirms.
Likewise, the ruling notes: "It is also worth highlighting that the defendant, the Chilean Treasury, did not contest the status of the aforementioned as victims of political imprisonment and torture, nor the participation of State agents in such events, so that, with the aforementioned status being accredited, the sentence correctly determined that it had to abide by the facts expressed in the claim, but only in relation to those plaintiffs established in its operative part."
"In this scenario, with the illicit act, the responsibility of the State, and the circumstance that the detention and torture of the victims, which would not have taken place if the intervention of state officials had not occurred, being accredited, it only remained to establish the responsibility of the State of Chile in those events," the ruling concludes.
The ratified first-instance resolution partially accepted the filed claim and ordered the Chilean Treasury to pay, as moral damages, "the sum of $45,000,000 to Ms. Lilian Arias Vergara, daughter of the victim Mr.
Manuel Jesús Arias Zúñiga; $45,000,000 to Ms. Angelina del Pilar Arias Vergara, daughter of the victim Mr. Manuel Jesús Arias Zúñiga; $45,000,000 to Mr. Pedro Luis Arias Vergara, son of the victim Mr. Manuel Jesús Arias Zúñiga; $15,000,000 to Ms.
Rosa Inés Santana Figueroa, sister of the victim Mr. Alamiro Santana Figueroa; $60,000,000 to Ms. Irene Quichel Carrasco, partner and mother of four children of the victim Mr. Exequiel Verdejo Verdejo; $45,000,000 to Mr.
Roberto Exequiel Verdejo Quichel, son of the victim Mr. Exequiel Verdejo Verdejo; $45,000,000 to Ms. Edith Elizabeth Verdejo Quichel, daughter of the victim Mr. Exequiel Verdejo Verdejo; $45,000,000 to Mr.
Leonel Omar Verdejo Quichel, son of the victim Mr. Exequiel Verdejo Verdejo; $45,000,000 to Ms. Ariela del Carmen Verdejo Quichel, daughter of the victim Mr. Exequiel Verdejo Verdejo; $60,000,000 to Ms.
Mireya Adriana Rivera Veliz, wife of the victim Mr. Plutarco Coussy Benavides; $45,000,000 to Ms. Gisela Angélica Coussy Rivera, daughter of the victim Mr. Plutarco Coussy Benavides; $45,000,000 to Mr.
Enrique Antonio Coussy Rivera, son of the victim Mr. Plutarco Coussy Benavides; $45,000,000 to Mr. Alexseis Wladimir Coussy Rivera, son of the victim Mr. Plutarco Coussy Benavides; $45,000,000 to Ms. Carolina Antonieta Coussy Rivera, daughter of the victim Mr.
Plutarco Coussy Benavides; $45,000,000 to Ms. Irma Inés Badillo Mellado, daughter of the victim Mr. José Óscar Badillo García; and $45,000,000 to Mr. Raúl Vicente Badillo Mellado, son of the victim Mr. José Óscar Badillo García."
Source: pjud.cl 1/6/2023
Minister Paola Plaza González orders the imprisonment of a retired Lieutenant Colonel convicted for the Endesa Episode kidnapping
Retired Lieutenant Colonel Walther Klug Rivera must serve a 10-year prison sentence for his responsibility as the perpetrator of qualified kidnappings and homicides between September and November 1973.
The Minister for human rights cases of the Santiago Court of Appeals, Paola Plaza González, issued an order—today, August 2, 2021—for the incarceration of retired Lieutenant Colonel Walther Klug Rivera, who was sentenced to 10 years in prison for his responsibility as an accomplice in the so-called Endesa Episode, a case involving human rights violations.
The incarceration order was carried out after an Italian court granted the extradition request filed by the visiting minister Mario Carroza—then the instructor of the case—so that Klug Rivera could serve the sentence handed down in October 2014.
That ruling convicted Klug Rivera for his responsibility in the qualified kidnappings and qualified homicides of victims Juan Miguel Yañez Franco, César Augusto Flores Baeza, Víctor Jerez Meza, Mario Belmar Soto, Mario Samuel Olivares Pérez, Juan Eladio Ulloa Pino, Víctor Adolfo Ulloa Pino, Abraham López Pinto, José Abel Coronado Astudillo, Abel José Carrasco Vargas, Alamiro Segundo Santana Figueroa, Luis Leopoldo Sepúlveda Núñez, Plutarco Coussy Benavides, Wilfredo Hernán Quiroz Pereira, Exequiel del Carmen Verdejo Verdejo, Domingo Norambuena Inostroza, Luis Eduardo Vergara Corso, Benjamín Antonio Orrego Lillo, José Óscar Badilla García, Manuel Antonio Aguilera Aguilera, Manuel Sepúlveda Cerda, Bernardo Samuel Meza Rubilar, and Manuel Jesús Arias Zúñiga, all of whom were linked to the El Toro and El Abanico hydroelectric plants and were detained between September and November 1973 by members of the Chilean Army.
Source: pjud.cl 2/8/2021
Judicial Case Files[3]
Episodio Trabajadores de centrales El Toro y El Abanico
- Jorge Zepeda
- 105-2011
- 17030-2013
- 2182-98
- Bio Bio
- Ismael Espinoza Silva
- Patricio Martinez Moena
- Walter Klug Rivera
References
- 1Museum of Memoryhttps://interactivos.museodelamemoria.cl/victims/?p=2568
- 2
- 3