The Caucoto Abogados law firm, an office specializing in human rights, has released an updated list of 18 former uniformed personnel who are fugitives from justice after being convicted of various crimes against humanity.

Some were involved in the crimes against Víctor Jara and Littré Quiroga, the execution of 38 peasants in the main Paine Case, the assassination of Spanish diplomat Carmelo Soria, Operation Condor, the Caravan of Death, and the "Quemados" Case, among other investigations.

According to the list released by the firm in November 2023, out of a total of 14 fugitives, nearly half have been captured. However, 10 new former uniformed personnel have now been added to the list; despite having received final sentences, they remain fugitives from justice.

The list is composed of former military personnel, Carabineros, former Navy officials, and civilians who were members of the dictatorship's repressive apparatuses, such as the National Intelligence Directorate (DINA), the National Intelligence Center (CNI), naval intelligence, and the Joint Command.

They are accused as authors and co-authors of aggravated kidnapping, aggravated homicide, illicit association, and the application of torture, among other crimes.

These are the sentenced individuals

1) Rubén Aroldo Morales López (Carabineros officer ®), sentenced to 10 years and one day of major imprisonment as the author of the aggravated homicide of Jorge Vásquez Matamala. 2) Luis Enrique Barrueto Bartning (businessman), sentenced to 10 years and one day as a co-author of seven aggravated kidnappings (forced disappearances) perpetrated in the commune of Santa Bárbara. 3) One person convicted in the Conferencia II episode (previously there were four): Federico Humberto Chaigneau Sepúlveda (Army officer ®, DINA).

Chaigneau also has convictions in the Operation Condor proceedings. He is sentenced to two terms of 18 years of major imprisonment in its maximum degree for the repeated aggravated kidnappings of Alexei Jaccard Siegler and Héctor Velázquez Mardones, and as a co-author of the repeated aggravated homicides of Ricardo Ignacio Ramírez Herrera, Jacobo Stoulman Bortnik, Matilde Pessa Mois, Hernán Soto Gálvez, and Ruiter Enrique Correa Arce. 4) Alberto Roque del Sagrado Corazón Badilla Grillo (Navy officer ®), sentenced as the author of the crime of aggravated homicide and the application of torture against Enrique López Olmedo, to sentences of 12 years and 541 days, respectively. 5) Nelson Edgardo Hasse Mazzei (Army officer ®), sentenced as a co-author of the aggravated kidnappings and aggravated homicides of Víctor Jara Martínez and Littré Quiroga Carvajal. A sentence of 10 years and one day was imposed for the kidnappings and 15 years of imprisonment for the homicides.

6) Guillermo Salinas Torres (Army officer ®),

7) Pablo Belmar Labbé (Army officer ®),

8) René Patricio Quilhot Palma (Army officer ®),

– Convicted as co-authors of the aggravated homicide of Carmelo Soria Espinoza and authors of illicit association. For the first charge, a sentence of 15 years and one day was imposed on Salinas Torres, and 10 years and one day on the other two. For the crime of illicit association, a sentence of 541 days of imprisonment was imposed on all of them.

To these are now added the new fugitives:

9) Juan de Dios Higueras Álvarez (Carabineros non-commissioned officer), convicted in the Mulchén Episode as a co-author of the aggravated homicides perpetrated at (i) Fundo Carmen and Maitenes: Florencio Rubilar Gutiérrez, José Liborio Rubilar Gutiérrez, José Lorenzo Rubilar Gutiérrez, Alejandro Albornoz González, Luis Alberto Godoy Sandoval, Miguel del Carmen Albornoz Acuña, Daniel Alfonso Albornoz González; ii) at Fundo Pemehue: Alberto Albornoz González, Felidor Exequiel Albornoz González, Jerónimo Humberto Sandoval Medina, Juan de Dios Roa Riquelme, and José Fernando Gutiérrez Ascencio, which occurred on October 6 and 7, 1973; to a sentence of 15 years and one day of major imprisonment in its maximum degree, plus accessory penalties. Also in the same episode, he was convicted as a co-author of the crimes of aggravated kidnapping of the following persons from (ii) Fundo El Morro: Juan de Dios Laubra Brevis, José Florencio Yáñez Durán, Celsio Nicasio Vivanco Carrasco, Edmundo José Vidal Aedo, Domingo Sepúlveda Castillo, and Guillermo José Albornoz González, perpetrated starting on October 5, 6, and 7, 1973, in the commune of Mulchén, to a sentence of ten years and one day of major imprisonment in its medium degree, plus legal accessory penalties. 10) René Riveros Valderrama (Army officer), sentenced in the Operation Condor proceedings to two terms of 18 years of major imprisonment in its maximum degree for the repeated aggravated kidnappings of Alexei Jaccard Siegler and Héctor Velázquez Mardones, and as a co-author of the repeated aggravated homicides of Ricardo Ignacio Ramírez Herrera, Jacobo Stoulman Bortnik, Matilde Pessa Mois, Hernán Soto Gálvez, and Ruiter Enrique Correa Arce. 11) Jaime Ojeda Torrent (Army officer), convicted in the Caravan of Death proceedings, La Serena episode, as an accomplice to 15 aggravated homicides, to a sentence of 10 years and one day of major imprisonment in its medium degree. The victims are Óscar Aedo Herrera, Marcos Barrantes Alcayaga, Mario Ramírez Sepúlveda, Hipólito Cortés Álvarez, Jorge Contreras Godoy, Roberto Santa Cruz, Jorge Jordán Domic, Gabriel Vergara Muñoz, Carlos Alcayaga Varela, Jorge Osorio Zamora, José Araya González, Óscar Cortés Cortés, Manuel Marcarian Jamett, Víctor Escobar Astudillo, and Jorge Peña Hen. 12) Ricardo Lillo Morandé (Carabineros officer), sentenced to 15 years and one day of major imprisonment in its maximum degree for the aggravated homicides of Héctor Marín Álvarez, José Luque Schurman, and Benjamín Garzón Morillo on September 23, 1973, in the Salar del Carmen sector, located in the commune of Antofagasta. 13) Iván Humberto Figueroa Canobra (Army officer), sentenced to 20 years of major imprisonment in its maximum degree, plus legal accessory penalties, for the crimes of consummated aggravated homicide of Rodrigo Rojas De Negri and frustrated aggravated homicide of Carmen Gloria Quintana Arancibia. 14) Juan Daniel Marambio López (Army non-commissioned officer), convicted as a co-author of the aggravated homicide of Francisco Javier Santoni Díaz, to a sentence of 5 years and one day of major imprisonment in its minimum degree, plus accessory penalties.

Two from the Janequeo Episode

15) Miguel Fernando Gajardo Quijada (civilian Army employee – CNI), convicted as an accomplice to the crimes of aggravated homicide of Hugo Ratier Noguera and Alejandro Salgado Troquian, to a sentence of 10 years and 1 day of major imprisonment in its medium degree plus legal accessory penalties. 16) José Isaías Vidal Veloso (commissioner of the Chilean Investigative Police – CNI), convicted as a co-author of the crimes of aggravated homicide of Hugo Ratier Noguera and Alejandro Salgado Troquian, to a sentence of 20 years of major imprisonment in its maximum degree plus legal accessory penalties. 17) Luis Raimundo Quezada Chandía (former conscript), convicted as a co-author of the aggravated homicides of Hernán Henríquez Aravena and Alejandro Flores Rivera, to a sentence of 17 years of major imprisonment in its maximum degree. 18) Andrés Pablo Potin Lailhacar (civil engineer – Patria y Libertad – Joint Command). Convicted as a co-author of the crime of aggravated kidnapping of Luis Emilio Maturana González to a sentence of 5 years and one day of major imprisonment in its minimum degree, and as a co-author of the crime of kidnapping of Juan René Orellana Catalán to a sentence of 400 days of minor imprisonment in its minimum degree.

Fugitives captured

Manfredo Enrique Jurgensen Caesar (physician, CNI), sentenced as a co-author of the aggravated homicide of Federico Álvarez Santibáñez to a sentence of 8 years of imprisonment. He was a fugitive from January until he was arrested in Argentina in June 2023 while attempting to board a flight to Germany; his extradition was requested, but he passed away days later while in custody.

Olegario Enrique González Moreno (Army ®, DINA), convicted as a co-author of 9 aggravated kidnappings (forced disappearances) to a sentence of 10 years and one day, beginning his sentence in July 2023.

Héctor Fernando Osses Yáñez (Carabineros officer ®, retired uniformed personnel union leader), convicted as an author in nearly a dozen cases of murders in the Población San Gregorio, who was a fugitive between 2021 and 2023.

José Miguel Meza Serrano (Navy ®, DINA) and Eduardo Alejandro Oyarce Riquelme (Army non-commissioned officer ®, DINA), sentenced as co-authors of the crimes of aggravated kidnapping of Fernando Navarro Allendes and Héctor Véliz Ramírez to a sentence of 12 years of imprisonment each, and for the crimes of simple kidnapping of Juan Fernando Ortiz Letelier, Horacio Cepeda Marinkovic, and Lincoyán Berríos, for which they were sentenced to 3 years of imprisonment respectively.

Víctor Álvarez Droguett (Army ®, DINA)

– convicted as a co-author of the crimes of aggravated homicide of Juan Fernando Ortiz Letelier, Horacio Cepeda Marinkovic, and Lincoyán Yalú Berríos Cataldo to a sentence of 15 years and 1 day of major imprisonment in its maximum degree; – convicted as a co-author of the crimes of aggravated kidnapping of Fernando Alfredo Navarro Allendes and Héctor Véliz Ramírez to a sentence of 12 years of major imprisonment in its medium degree; – convicted as an author of the crimes of simple kidnapping of Juan Fernando Ortiz Letelier, Horacio Cepeda Marinkovic, and Lincoyán Yalú Berríos Cataldo to a sentence of 3 years of minor imprisonment in its medium degree; – sentenced to 10 years of imprisonment for the aggravated kidnapping of Marta Ugarte Román. Juan Dionisio Opazo Vera (former conscript), sentenced as a co-author of 38 aggravated homicides to a sentence of 10 years and one day in the Paine Case, Main Episode. Juan Renán Jara Quintana (Army officer ®), convicted as a co-author of the aggravated kidnappings and aggravated homicides of Víctor Jara Martínez and Littré Quiroga Carvajal. A sentence of 10 years and one day was imposed for the kidnappings and 15 years of imprisonment for the homicides.

Fugitives as a form of impunity

For lawyer Francisco Bustos of the Caucoto Abogados firm, "we believe it is important to alert about this phenomenon, which has a double dimension of analysis. On one hand, it shows us that the Chilean State, and in particular the Judiciary, is fulfilling its obligation to investigate, judge, and punish crimes against humanity.

For that reason, dozens of sentences have been handed down, and it suffices to recall that last year 96 proceedings for crimes against humanity were concluded with final sentences." He adds that "the second dimension shows a deficit.

Families' associations and civil society organizations like Londres 38 have been denouncing the existence of fugitives as a form of impunity. The fact that the number of evaders has increased since this was warned is indicative that the criminal prosecution system can take more measures to prevent it, especially in terms of improving oversight or imposing more burdensome precautionary measures." Bustos reported that "for our part, as plaintiffs, we have requested the corresponding precautionary measures in each case." Despite this, there is also some good news, the lawyer points out, "such as the fact that several of these repressors have been arrested and are now serving their sentences, which also speaks to good police work," he concluded.

Source: radionuevomundo.cl, July 13, 2024

Date: Jorge Vargas Bories, Army officer and agent of the National Intelligence Center (CNI), for which he was transferred to the Colina I prison. The former uniformed officer was convicted as a co-author of the murder under torture of the high school teacher and former MIR militant, Federico Álvarez Santibáñez, which occurred on August 21, 1979.

The Supreme Court sentenced five former members of the Army, who at the time of the events were members of Section II of the "Arica" Regiment of La Serena, for their responsibility in the crime of aggravated homicide of Francisco Javier Santoni Díaz, 27 years old, who was taken from the public jail of La Serena on September 26, 1973, and executed at the military unit.

In a unanimous ruling (case file 134.116-2022), the Second Chamber of the highest court—composed of ministers Manuel Antonio Valderrama, Leopoldo Llanos Sagristá, minister María Teresa Letelier, and lawyers Diego Munita and Ricardo Abuauad—sentenced Milton Leonardo Torres Rosas, René Patricio Orchard Díaz, and José Electo Flores Gallardo to a sentence of 10 years and one day of imprisonment as authors of the crime.

Meanwhile, Luis Humberto Fernández Monjes and Juan Daniel Marambio López must serve 5 years and one day of imprisonment as co-authors. The Supreme Court established an error in the sentence handed down by the La Serena Court of Appeals in September 2022, in the part that sentenced Torres Rojas, Orchard Díaz, Flores Gallardo, and Marambio López only as accomplices to the crime, and in a replacement sentence, it convicts them as authors.

You may also be interested in

Supreme Court confirms sentences of 15 CNI agents for crimes of Operation Alfa Carbón The former commander of the aforementioned regiment, Ariosto Francisco Alberto Lapostol Orrego, who was also convicted in the first-instance ruling, passed away during the proceedings.

The then-head of Section II of that military unit, former officer Fernando Guillermo Polanco Gallardo, was acquitted in this case. Regarding the judicial error of the appellate court, the Criminal Chamber states: "(...) in consideration of the reflections made above, and regarding the participation of the accused Milton Leonardo Torres Rojas, René Patricio Orchard Díaz, José Electo Flores Gallardo, and Juan Daniel Marambio López, the challenged sentence incurs in the legal error denounced in the cassation appeal under examination, since from the established facts, mentioned in foundation 5° ut supra, it has been possible to determine that having served as reserve soldiers of the Army, performing operational duties in Intelligence Section II, in the 'Arica' Regiment of La Serena, in compliance with the directives given by the officers, with the knowledge that people detained by them were kept there, subjected to interrogations under torture, and having formed the patrol that on the night of November 26, 1973, transferred the inmate Francisco Javier Santoni Díaz from the city's public jail where he was being held to the facilities of the aforementioned military compound, the place where he was killed by the same agents, they possessed co-dominion of the act, contributing functionally to the execution of the act in its entirety, forming part of the repressive group that devised and decided the execution of the victim, as an operational agent thereof, collaborating in that way and in a decisive manner with his death, as those tasks allowed for the subjection of the victim and the perpetration of the homicide." "It is not, therefore, a peripheral intervention in the illicit act or cooperation in the illicit act of another, typical of complicity, but rather the performance of executive acts, with each of these accused contributing functionally to the joint or collective realization of the plan as a whole, accepted expressly or tacitly, with knowledge and will to participate in them, which under the principle of reciprocal imputation, are constitutive of co-authorship," it concludes.

Alleged escape plan

In the first-instance sentence, the extraordinary visiting minister of the La Serena Court of Appeals, Vicente Hormazábal, established that on November 26, 1973, Francisco Javier Santoni Díaz was serving a sentence and was being prosecuted and investigated for a common crime in the former Public Jail of the city of La Serena.

Based on information about an alleged escape plan that emerged in the prison, members of Section II of the "Arica" Regiment of the city of La Serena, led by Fernando Guillermo Santiago Polanco Gallardo, which acted under the orders of the then-colonel Ariosto Lapostol Orrego, commander of the Regiment, began making inquiries inside the prison facility.

Thus, during the afternoon and night of November 26, a political prisoner was interrogated through torture and threatened with execution by firing squad. During the night of that day, a military patrol in charge of non-commissioned officer Héctor Omar Vallejos Birtiola (deceased), along with members of said Section II, including non-commissioned officer Luis Humberto Fernández Monjes and reserve soldiers Juan Daniel Marambio López, Milton Leonardo Torres Rosas, René Patricio Orchard Díaz, and José Electo Flores Gallardo, took Francisco Santoni Díaz out of the Public Jail.

They transferred him in a vehicle used by that Section II to the facilities of the "Arica" Regiment of La Serena, proceeding to execute him, causing his death around 00:30 hours on November 27, 1973. The then-commander of the regiment, Ariosto Lapostol Orrego, through a document called 'Discharge Act', communicated the death of the victim to the Military Prosecutor's Office of the Province of Coquimbo, which was processing the case against several detainees, including Francisco Santoni Díaz, for the crime of assaulting a Carabineros officer on duty, but there was no investigation or judicial case regarding the consummated execution. by Darío Núñez

Source: resumen.cl, March 6, 2024