The ruling (case file 27.530 A and B) established the responsibility of the retired uniformed officers in the qualified homicides of Bernardo Nahuelcoy Chihuaicura, Francisco Curamil Castillo, Mauricio Huenucoy Antil, and Francisco Porma Cheuquecoy, which occurred between September and October 1973 in Puerto Saavedra, and the qualified homicide of Luis Mora San Juan in October 1973 in Lautaro.

The minister on special assignment for human rights violation cases for the jurisdictions of Temuco, Valdivia, Puerto Montt, and Coyhaique, Álvaro Mesa Latorre, issued sentence number 72 on the matter, and sentenced 17 retired members of the Army and Carabineros for qualified homicide and unlawful coercion to the detriment of 9 victims.

These crimes were perpetrated in the communes of Puerto Saavedra and Lautaro between September and October 1973.

The ruling (case file 27.530 A and B) established the responsibility of the retired uniformed officers in the qualified homicides of Bernardo Nahuelcoy Chihuaicura, Francisco Curamil Castillo, Mauricio Huenucoy Antil, and Francisco Porma Cheuquecoy, which occurred between September and October 1973 in Puerto Saavedra, and the qualified homicide of Luis Mora San Juan in October 1973 in Lautaro.

Likewise, responsibility was established for the crimes of unlawful coercion against Bernardo Nahuelcoy Chihuaicura, Francisco Curamil Castillo, Mauricio Huenucoy Antil, Francisco Porma Cheuquecoy, Marta Sonia Ibáñez Ibáñez, Ruperto Bañares Bañares, Gabriel Contreras Poza, and Segundo Orlando López Araneda, which occurred in September 1973 at the Carabineros Station in Puerto Saavedra.

In the sentence, Minister Mesa Latorre sentenced:

1) Jorge Nibaldo Del Río Del Río to life imprisonment for his responsibility as the perpetrator of 5 counts of qualified homicide and 10 years of imprisonment for his responsibility as the perpetrator of 8 counts of unlawful coercion.

2) Juan Enrique Silva Rebeco was sentenced to life imprisonment for his responsibility as the perpetrator of 4 counts of qualified homicide, 10 years of imprisonment as the perpetrator of 7 counts of unlawful coercion, and 60 days of imprisonment for his responsibility as an accomplice to one count of unlawful coercion.

3) Carlos Alejandro Brunevald Huaiquilao and Miguel Fernando Rubio Diocaretz were sentenced to life imprisonment as perpetrators of 4 homicides, 8 years of imprisonment as perpetrators of 6 counts of unlawful coercion, and 120 days of imprisonment as accomplices to 2 counts of unlawful coercion.

4) Roberto Sigisfredo San Martín Pérez was sentenced to 20 years of imprisonment as the perpetrator of 4 qualified homicides and 480 days of imprisonment as the perpetrator of 8 counts of unlawful coercion.

5) César Gabriel Edgardo Anziani Riquelme must serve sentences of 20 years of imprisonment as the perpetrator of 4 qualified homicides, 420 days of imprisonment as the perpetrator of 7 counts of unlawful coercion, and a fine of 10 Monthly Tax Units (UTM) as an accomplice to one count of unlawful coercion.

6) Daniel del Carmen Riquelme Reyes will serve sentences of 20 years of imprisonment as an accomplice to 4 qualified homicides, 10 years of imprisonment as the perpetrator of 7 counts of unlawful coercion, and 60 days of imprisonment as an accomplice to one count of unlawful coercion.

7) Héctor Hernán Moncada Sepúlveda was sentenced to 20 years of imprisonment as an accomplice to 4 qualified homicides and 10 years of imprisonment as the perpetrator of 8 counts of unlawful coercion.

8) Hernán Molina Vera, Rafael Laureano Recabal Bascuñán, José Guillermo Garrido Bustos, Sebastián Enrique Muñoz Gangas, Luis Humberto Casanova Águila, Olegario Segundo Alba Martínez, and Waldamiro Antonio Rebolledo Burgos were sentenced to 20 years of imprisonment as accomplices to 4 qualified homicides and 480 days of imprisonment as accomplices to 8 counts of unlawful coercion.

9) Enrique Segundo Merino Sagardía will serve sentences of 15 years of imprisonment as an accomplice to 4 qualified homicides and a fine of 10 Monthly Tax Units (UTM) as an accomplice to 8 counts of unlawful coercion.

10) Francisco Enrique Muñoz Pérez will serve a sentence of 5 years of imprisonment as an accomplice to one qualified homicide.

The presiding minister acquitted Ernesto Darío Ortega Saavedra of all charges brought against him in the indictment of pages 4,089 to 4,103 (Volume XII), dated September 30, 2016.

Regarding the civil aspect, the magistrate accepted the claims filed by the defense and ordered the state to pay a total compensation of $4,130,000,000 (four billion one hundred thirty million pesos) for moral damages to the victims' families.

In the sentence, Minister Mesa Latorre established that:

Bernardo Nahuelcoy Chihuaicura, an employee of the Puerto Saavedra hospital, Francisco Curamil Castillo and Mauricio Huenucoy Antil, residents of the "Elmo Catalán" settlement, and Francisco Porma Cheucucoy, a small-scale farmer, were detained by patrols composed of military personnel from the "La Concepción" Reinforced Mountain Regiment No. 4 of Lautaro and Carabineros; they were subjected to unlawful coercion at the Carabineros Station in Puerto Saavedra and subsequently executed illegally on the banks of the Imperial River, where their bodies were abandoned and left floating.

Marta Sonia Ibáñez Ibáñez, Ruperto Bañares Bañares, Gabriel Contreras Poza, and Segundo Orlando López Araneda were detained at different times between September and October 1973 at the Carabineros Station in Puerto Saavedra and subjected to various types of coercion before being released without judicial charges.

Meanwhile, Luis Mora San Juan was detained by a military patrol at the "El Luchador" settlement in the vicinity of Lautaro and executed outside of any legal process on the outskirts of the city; his body was left abandoned and partially buried, later being located by family members and taken to the local hospital morgue.

Source: pjud.cl, April 26, 2023