The extraordinary visiting judge for human rights violation cases of the Temuco Court of Appeals, Álvaro Mesa Latorre, has initiated proceedings against 11 retired members of the Army for their responsibility in the qualified homicide of Luis Raúl Cotal Álvarez and Gustavo Rioseco Montoya. These crimes were committed in the commune of Angol in October 1973.

In his resolution, Judge Mesa prosecuted the following individuals as perpetrators: Luis Toledo Osses, Eduardo Humberto Carrasco Hauenstein, José Omar Correa Martínez, Alessandro Ernesto Cartoni Pruzzo, Pedro Segundo Bitterlich Jaramillo, and Manuel Arturo Montero Souper.

In the case of José Liborio Lavín Leiva, the visiting judge initiated proceedings against him as an accomplice; and against Carlos Horacio Guitar Olhagaray, José Washington Aguilera Oñate, Mario Hernán Tapia Sepúlveda, and Carlos Campusano Osorio as accessories after the fact.

"Given the merit of the background information, from which it is clear that the freedom of the accused constitutes a danger to the safety of society; taking into account, also, the probable legal sanction for the crimes in which they are attributed participation," Judge Álvaro Mesa ordered the preventive detention of the accused at the "Tucapel" Regiment in Temuco.

During the investigation stage, Judge Álvaro Mesa established the following facts:

A.- That as a result of the events occurring since September 11, 1973, a retired captain of the Chilean Army, who until that date had been living in Bolivia, was called to collaborate with the new regime.

He presented himself at the "Húsares" Regiment in the commune of Angol to support the work of the Military Prosecutor's Office that operated within the unit and was in charge of the Second Commander, León Rivera González (R.I.P.).

B.- That on the night of October 4, 1973, two conscript soldiers were guarding the so-called south sentry box of the Húsares Regiment of Angol, located near the intersection of Los Confines and General Bonilla streets.

One of them, while gathering firewood to keep warm, heard a pistol shot outside the unit and others coming from inside it. A contingent immediately mobilized inside and outside the unit—even waking up officers, including a second lieutenant who was sleeping in the bachelors' quarters of the officers' mess—and a corporal ordered them at that moment to head outside the barracks, specifically to a warehouse located in front of the military unit, which currently corresponds to a well-known vehicle dealership.

Upon arriving at the location, one of the conscripts observed the presence of a Toyota military vehicle, other conscript soldiers, Major León Rivera González, Second Lieutenant Carlos Bunster Medina, another second lieutenant, and two corporals who were on duty that night, one of whom had given the order to report to that warehouse and the other who was patrolling the town that night.

Furthermore, in that property, owned by Duberli Rodríguez, he observed two young men standing, unbound, with their faces uncovered, with no weapons in sight, young in age, and one of them wearing a white shirt.

C.- That immediately thereafter, Major León Rivera González gave the order to fire on the young men, who at that moment were standing next to a brick wall. Complying with the superior's order and executing the youths, one of the young men shouted "cowards" at them.

Said execution order was carried out by, among others, the soldier who was performing surveillance duties at the south sentry box and the corporal who ordered them to go to that location. Furthermore, several officers, including Captain Armando Staeding Schaffer, Carlos Bunster Medina, two second lieutenants, the corporal who was patrolling the town, and other conscripts who accompanied him in those duties that night, witnessed the execution of those youths at the scene.

Following the above, some conscripts, including one who was patrolling the town with a corporal, placed the bodies in sacks inside a military vehicle, observing the bloodstained white shirt of one of the youths, and transported the corpses to the La Arcadia bridge, throwing them into the Malleco River, losing sight of them in the darkness of the night.

D.- That subsequently, the entire contingent returned to their previous posts. Juan Abarca Briones, a non-commissioned officer who was on duty that night, was able to observe the entry of military vehicles into the unit, with Second Lieutenant Carlos Bunster Medina and two other second lieutenants on board, who were performing active duties in the barracks that night.

Furthermore, said vehicles were driven by two people, one of them a conscript who worked as a driver in that unit, who, after entering the regiment, proceeded to wash the vehicles, which were covered in blood, without receiving an answer when asked what had happened.

E.- That days later, the Húsares Regiment of Angol was notified that the bodies of the youths had been seen in the river, so personnel from that unit proceeded to remove them from that location, transporting them to different points inside the regiment.

The corpses were seen by different people, including the captain who was cooperating with the work of the Military Prosecutor's Office and a civilian who was working inside the barracks at the time. This last person witnessed how three members of the unit, including a 1st corporal who worked as a tractor driver, drove the corpses on a vehicle to a sector of the regiment, where they were buried, with no certainty to this date of the exact location of that burial.

F.- That the youths mentioned in the preceding letters are Gustavo Rioseco Montoya, a 22-year-old university student and sympathizer of the Communist Youth, and Luis Cotal Álvarez, a 14-year-old secondary student with no political affiliation, who were detained separately by military patrols.

The former was detained inside his father's home, located at the current 370 José Luis Osorio Street, and the latter on Artesanos Street, while he was heading to his home located on that street at the corner of Pedro de Oña, coming from the house of his paternal grandmother, María Arriagada Valdés, located at 190 Artesanos.

There is no evidence that they had any involvement in the alleged shot fired outside the Húsares Regiment of Angol, nor was any weapon found in the respective searches.

G.- That everything preceding regarding the execution of the youths Luis Cotal Álvarez and Gustavo Rioseco Montoya was observed by a 19-year-old woman who, upon hearing noises, approached the wall adjacent to her home and Duberli Rodríguez's warehouse.

She saw when the military opened fire on the youths Luis Cotal Álvarez and Gustavo Rioseco Montoya, at which moment she heard one of them say, "Uncle, it's me, your nephew." The following day, she even witnessed how a corporal from the regiment appeared at each of the neighboring houses to ask the neighbors if they had heard or seen anything the night before.

H.- That as a result of the events recounted above, the whereabouts of Luis Cotal Álvarez and Gustavo Rioseco Montoya remain unknown to this date, with no action having been taken by the Military Prosecutor's Office of the time to initiate proceedings or investigate official responsibilities for the events of which the military authority became aware.

Furthermore, that same night, once the respective alarms were sounded in the barracks, the entire military contingent was mobilized, with the unit's Intendance Lieutenant even participating, heading to the guard post for about 30 minutes to receive instructions from his superiors and collaborate as deemed necessary.

Subsequently, that same night, the regiment commander himself, Alejandro Morel Donoso (R.I.P.), arrived at the unit, making inquiries about what had happened and holding a meeting with the military barracks' officer corps.

Then, the following day, the father of Gustavo Rioseco Montoya, who was being held in the commune's jail, was officially informed by Regiment Commander Alejandro Morel Donoso that his son had been executed by firing squad the night before. Said information was provided to him in the presence of other officers, including a second lieutenant who witnessed what happened to the youths.

Finally, to this date, no public official—whether soldiers, non-commissioned officers, or officers—of the Húsares Regiment of Angol who served at the time of the events has provided any information to the respective authority regarding what happened to the bodies of the youths Luis Cotal Álvarez and Gustavo Rioseco Montoya, maintaining to this day the concealment of all types of information regarding their deaths.

Source: elclarin.cl, January 21, 2017

Retired Colonel accused as alleged perpetrator of the crime of a socialist militant in 1973

A retired Army colonel has been accused as the alleged perpetrator of the qualified homicide of an official of the Production Development Corporation (CORFO) in Angol, in the La Araucanía region, in December 1973, as reported by Radio Bío Bío.

The aforementioned decision was made by Álvaro Mesa Latorre, the visiting judge for human rights cases of the Courts of Appeals of Temuco, Valdivia, Puerto Montt, and Coyhaique, the media outlet adds.

This concerns the case of retired Army Colonel Manuel Arturo Montero Souper, as the perpetrator of the crime of qualified homicide of Oscar Armando Gutiérrez Gutiérrez, committed in the commune of Angol in December 1973.

In the case directed by Judge Mesa, it is detailed that the victim, a militant of the Socialist Party, served as head of the Agricultural Department of CORFO from 1967 until December 1973 and had been prohibited from leaving Angol since the military coup.

However, in December, the victim's father-in-law died in Traiguén, so the entity's executive requested telephone authorization from the Intendancy to attend the wake and funeral, which was authorized after he explained that he did not need permission from the Military Prosecutor's Office of Angol for that.

Once at his father-in-law's home, Gutiérrez Gutiérrez was detained by personnel of the Investigative Police, returned to Angol, and admitted to the commune's jail on December 7, 1973, by order of the Military Prosecutor's Office of Angol, with the crime listed as being a "political activist," which was recorded in the 1973 detainee logbook.

Subsequently, on December 10, 1973, he was transferred to the Húsares Regiment of Angol, where he was subjected to an interrogation during which he died. The whereabouts of his body remain unknown to this day, as the deceased commander of the military unit, Colonel León Rivera, ordered him to be buried in a location unknown to this date.

Source: cambio21.cl, August 25, 2018

Judge Álvaro Mesa issues indictment against retired Army colonel as perpetrator of qualified homicide of former CORFO executive in Angol.

He indicted retired Army Colonel Manuel Arturo Montero Souper as the perpetrator of the crime of qualified homicide of Oscar Armando Gutiérrez Gutiérrez, a crime committed in the commune of Angol in December 1973.

The visiting judge for human rights cases of the Courts of Appeals of Temuco, Valdivia, Puerto Montt, and Coyhaique, Álvaro Mesa Latorre, indicted retired Army Colonel Manuel Arturo Montero Souper as the perpetrator of the crime of qualified homicide of Oscar Armando Gutiérrez Gutiérrez, a crime committed in the commune of Angol in December 1973.

In the investigation (case file 63.556), the investigating judge determined:

A.- That as a result of the events occurring since September 11, 1973, retired Chilean Army Captain Carlos Horacio Guitart Olhagaray, who was living in the city of La Paz, Bolivia, was called to collaborate with the new regime, presenting himself at the "Húsares" Regiment in the commune of Angol to assume the de facto duties of Military Prosecutor that operated within the unit and which were in charge, until that date, of the Second Commander, León Rivera González (currently deceased).

B.- That Óscar Armando Gutiérrez Gutiérrez, married, one child, agricultural technician, militant of the Socialist Party, head of the Agricultural Department of CORFO from 1967 until December 1973—nicknamed "el pilme" by his close friends and acquaintances—was affected by the prohibition to leave the city of Angol by order of the Military Prosecutor's Office of that commune following the military pronouncement of September 11, 1973.

At the beginning of December 1973, he was informed of the death of his father-in-law, Carlos Pizani Pizani, in the city of Traiguén, and was told by telephone from the Angol Intendancy that he could attend his funeral and would not require authorization from the Military Prosecutor's Office of Angol to do so.

Because of this, Óscar Gutiérrez traveled in the company of his wife, Carmen Gloria Pizani White, to the commune of Traiguén, where he was detained at his in-laws' home by officials of the Chilean Investigative Police, by order of the Military Prosecutor's Office of Angol. Said detention was carried out in the presence of his spouse's siblings.

C.- That after his detention, Oscar Armando Gutiérrez Gutiérrez was admitted to the Angol commune jail on December 7, 1973, by order of the Military Prosecutor's Office of Angol, with the crime listed as "political activist," which was recorded in the 1973 detainee logbook that this Court has reviewed.

D.- Subsequently, on December 10, 1973, Gutiérrez Gutiérrez was transferred "by order of the Court"—as recorded in the detainee logbook—to the Húsares Regiment of Angol, as a cryptogram had been received there from Santiago indicating the importance of interrogating him, as it was stated that he was a high-ranking leader of the Socialist Party.

Said communication was received by Colonel Alejandro Morel Donoso (currently deceased), commander of the Húsares Regiment of Angol, who gave the order for a "harsh interrogation" of Óscar Gutiérrez Gutiérrez, delivering that order in writing to the second commander, León Rivera González (currently deceased), of which Captain Carlos Guitart Olhagaray, who was serving as Military Prosecutor at the time, became aware.

Said captain witnessed how the order was verbally delivered to one of the unit's least senior officers, that is, Second Lieutenant Manuel Arturo Montero Souper, instructing him to "make that wretch talk," referring in that way to Óscar Armando Gutiérrez Gutiérrez.

E.- That after the order entrusted by the Second Commander of the Regiment, León Rivera, and witnessed by Captain Guitart Olhagaray, Second Lieutenant Montero Souper went to the shooting range of that military barracks, where he observed the presence of three hooded people, including Óscar Gutiérrez Gutiérrez, supervising the interrogation carried out by non-commissioned officers of that regiment.

F.- That subsequently, Second Lieutenant Montero Souper informed Captain Guitart Olhagaray that Óscar Armando Gutiérrez Gutiérrez had died. Said captain called the barracks doctor, Salvador Giácaman (currently deceased), who corroborated the death.

The aforementioned captain learned that they were going to make the lifeless body of Óscar Gutiérrez disappear, as the second commander, León Rivera González, gave the order to bury him in a location unknown to this day.

G.- That as a result of the events recounted above, the whereabouts of the remains of Óscar Armando Gutiérrez Gutiérrez remain unknown to this date, with no action having been taken by the Military Prosecutor's Office of the time to initiate proceedings or investigate official responsibilities for the events of which the military authority became aware.

Even Gutiérrez Gutiérrez's own spouse went to the Húsares Regiment of Angol on several occasions in order to find out about his whereabouts, with the same Captain Guitart Olhagaray telling her not to continue her search because he was deceased.

H.- Finally, to this date, no public official—whether soldiers, non-commissioned officers, or officers—of the Húsares Regiment of Angol who served at the time of the events has provided any information to the respective authority regarding what happened to the body, maintaining to this day the concealment of all types of information regarding the events.

Furthermore, several people residing in the city of Angol learned of the death and the harsh interrogation carried out on Oscar Gutiérrez Gutiérrez, as did Second Lieutenant Alejo Tisi Gómez, who, upon returning from his vacation, heard comments regarding what happened to a person nicknamed "el pilme."

Source: diarioconstitucional.cl, August 27, 2018

Retired Army colonel sentenced to 4 years in prison for the death of an agricultural technician during the dictatorship

A retired Army colonel must serve four years in prison, having been convicted of unlawful coercion resulting in death, of an agricultural technician who in 1973 served as head of the Agricultural Department of the Production Development Corporation (CORFO) in Angol, La Araucanía region.

The sentence was handed down against Manuel Arturo Montero Souper, following the investigation directed by the extraordinary visiting judge for human rights violation cases, Álvaro Mesa, with jurisdiction from Temuco to Coyhaique, for the crime of unlawful coercion resulting in the death of Óscar Armando Gutiérrez Gutiérrez.

In the ruling, the visiting judge also ordered the state to pay compensation of 400 million pesos to the victim's family members.

Judge Mesa was able to establish that after the 1973 military coup, the victim was affected by the prohibition to leave Angol by order of the Military Prosecutor's Office, but was detained by the Investigative Police in the first days of December in Traiguén, where he had traveled due to the death of his father-in-law, despite having authorization from the Military Prosecutor's Office itself.

He was transferred to the jail and then to the Húsares Regiment of Angol, where then-Second Lieutenant Manuel Arturo Montero Souper was tasked with interrogating him, as he was considered a political activist of the Socialist Party, with the officer reporting shortly thereafter that the prisoner had died.

The victim's remains have not been found, as the order was given within the military unit to make them disappear, and it is still unknown where he was buried.

Source: angolinos.cl, June 14, 2020

Judge Mesa sentenced retired military officer to 4 years in prison for torture resulting in death in Angol

The minister for extraordinary causes regarding human rights violations for the jurisdictions of Temuco, Valdivia, Puerto Montt, and Coyhaique, Álvaro Mesa Latorre, sentenced a retired Army colonel for his responsibility in the crime of unlawful coercion resulting in the death of agricultural technician Óscar Armando Gutiérrez Gutiérrez. The illicit act was perpetrated in Angol in December 1973.

In the ruling (case file 63.556), the visiting minister sentenced Manuel Arturo Montero Souper to a penalty of 4 years of effective imprisonment, along with the legal accessory penalties of absolute perpetual disqualification from political rights and absolute disqualification from public offices or positions during the term of the sentence, in his capacity as the perpetrator of the crime.

During the investigation phase of the case, Minister Mesa Latorre established the following facts:

“

A.-

That as a result of the events occurring since September 11, 1973, retired Captain of the Chilean Army Carlos Horacio Guitart Olhagaray, who was residing in the city of La Paz, Bolivia, was called to collaborate with the new regime, presenting himself at the ‘Húsares’ Regiment in the commune of Angol to assume the de facto duties of the Military Prosecutor, which operated within the unit and had been in charge, until that date, of the Second Commander, León Rivera González (currently deceased).

B.-

That Óscar Armando Gutiérrez Gutiérrez, married, father of one, agricultural technician, member of the Socialist Party, head of the Agricultural Department of CORFO from 1967 until December 1973—nicknamed “el pilme” by his close friends and acquaintances—was, following the military pronouncement of September 11, 1973, subjected to a prohibition from leaving the city of Angol by order of the Military Prosecutor’s Office of that commune.

At the beginning of December 1973, he was informed of the death of his father-in-law, Carlos Pizani Pizani, in the city of Traiguén, and was told by telephone from the Intendencia of Angol that he could attend the funeral and would not require authorization from the Angol Military Prosecutor’s Office to do so.

Based on this, Óscar Gutiérrez traveled in the company of his wife, Carmen Gloria Pizani White, to the commune of Traiguén, where he was detained at his in-laws' home by officials of the Chilean Investigative Police, by order of the Angol Military Prosecutor’s Office. Said detention was carried out in the presence of his spouse’s siblings.

C.-

That after his detention, Óscar Armando Gutiérrez Gutiérrez was admitted to the jail of the commune of Angol on December 7, 1973, by order of the Angol Military Prosecutor’s Office, with the crime listed as ‘political activist,’ which was recorded in the 1973 prisoner logbook that this Court has reviewed.

D.-

Subsequently, on December 10, 1973, Gutiérrez Gutiérrez was transferred ‘by order of the Court’—as recorded in the prisoner logbook—to the Húsares Regiment of Angol, as a cryptogram had been received there from Santiago indicating the importance of interrogating him, as it was noted that he was a high-ranking leader of the Socialist Party.

Said communication was received by Colonel Alejandro Morel Donoso (currently deceased), commander of the Húsares Regiment of Angol, who gave the order for ‘harsh interrogation’ for Óscar Gutiérrez Gutiérrez, delivering that order in writing to the second commander León Rivera González (currently deceased), of which Captain Carlos Guitart Olhagaray, who was serving as Military Prosecutor at the time, became aware.

Said captain witnessed how the order was verbally delivered to one of the unit’s most junior officers, that is, Second Lieutenant Manuel Arturo Montero Souper, instructing him to ‘make that wretch talk,’ referring in that way to Óscar Armando Gutiérrez Gutiérrez.

E.-

That following the order entrusted by the Second Commander of the Regiment, León Rivera, and witnessed by Captain Guitart Olhagaray, Second Lieutenant Montero Souper went to the shooting range of that military barracks, where he observed the presence of three hooded individuals, among them Óscar Gutiérrez Gutiérrez, supervising the interrogation carried out by non-commissioned officers of that regiment.

F.-

That subsequently, Second Lieutenant Montero Souper informed Captain Guitart Olhagaray that Óscar Armando Gutiérrez Gutiérrez had died, with said captain calling the barracks doctor, Salvador Giacaman (currently deceased), who corroborated the death, with the aforementioned captain learning that they were going to make the lifeless body of Óscar Gutiérrez disappear, as the second commander León Rivera González gave the order to bury him in a location unknown to this day.

G.-

That as a result of the events related above, the whereabouts of the remains of Óscar Armando Gutiérrez Gutiérrez remain unknown to this date, with no action having been taken by the Military Prosecutor’s Office of the time to initiate proceedings or investigate official responsibilities for the events of which the military authority became aware.

Furthermore, Gutiérrez Gutiérrez’s own spouse went to the Húsares Regiment of Angol on several occasions to inquire about his whereabouts, with Captain Guitart Olhagaray himself telling her not to continue her search because he was deceased.

H.-

Finally, to this date, no public official—whether soldiers, non-commissioned officers, or officers—of the Húsares Regiment of Angol who served at the time of the events has provided any information to the respective authority regarding what happened to the body, maintaining to this day a concealment of all types of evidence regarding the events.

Furthermore, several people residing in the city of Angol learned of the death and the harsh interrogation carried out on Óscar Gutiérrez Gutiérrez, as did Second Lieutenant Alejo Tisi Gómez, who, upon returning from his vacation, heard comments regarding what had happened to a person nicknamed ‘el pilme’.”

In the civil aspect, the Treasury was ordered to pay an indemnity of $400,000,000 (four hundred million pesos) to the victim’s relatives.

Source: tiempo21.cl, June 14, 2020

Human Rights: 13 retired military personnel sentenced for the homicide of two young students in Angol in 1973

The minister for extraordinary causes regarding human rights violations for the jurisdictions of Temuco, Valdivia, Puerto Montt, and Coyhaique, Álvaro Mesa Latorre, sentenced 13 retired military personnel who were part of the Húsares Regiment of Angol at the time of the events, for their responsibility in the crimes against humanity of qualified homicide of university student Ricardo Gustavo Rioseco Montoya and secondary student Luis Raúl Cotal Álvarez, illicit acts perpetrated in the commune of Angol on October 4, 1973.

In the ruling (case file 63.534), the visiting minister sentenced the then-lieutenant Germán Eduardo Ojeda Bennett; the second lieutenants Carlos Patricio Bunster Medina, Alejo César Tisi Gómez, Jorge Alberto Lagos Robles, Alessandro Ernesto Cartoni Pruzzo, Manuel Arturo Montero Souper, Eduardo Humberto Carrasco Hauenstein, and Corporal José Omar Correa Martínez to 19 years of imprisonment, in their capacity as perpetrators of the crimes.

Meanwhile, the former conscript soldier Luis Alejandro Toledo Osses must serve 15 years and one day of imprisonment.

Second Lieutenant Gabriel Enrique Fuentes Campusano and conscript soldier José Liborio Lavín Leiva must serve 13 years of imprisonment, in their capacity as accomplices; and First Corporal Mario Hernán Tapia Sepúlveda and Lieutenant Carlos Alberto Campusano Osorio must serve 5 years of effective imprisonment for their responsibility as accessories after the fact.

In the civil aspect, the magistrate ordered the Treasury to pay an indemnity of $300,000,000 for moral damages to the relatives of the victim Luis Raúl Cotal Álvarez.

Minister Mesa Latorre’s ruling clearly establishes the facts that led to these convictions:

Carlos Horacio Guitart Olhagaray, a retired captain of the Chilean Army, presented himself at the “Húsares” Regiment of Angol to support the management of the Military Prosecutor’s Office that operated in the unit under the direction of the second commander León Rivera González.

On the night of October 4, 1973, two conscript soldiers performing guard duty at the so-called south sentry box of the Húsares Regiment of Angol heard gunshots inside and outside the Húsares Regiment of Angol. Subsequently, Corporal José Correa Martínez ordered them to go to a warehouse located in front of the military unit.

In the warehouse located at 15 Los Confines Street, that is, in front of the guard post, were the young men Luis Raúl Cotal Álvarez and Ricardo Gustavo Rioseco Montoya, without bindings or weapons. Despite the lack of a threat, Major León Rivera González gave the order to fire on the young men, who at that moment were standing next to a brick wall, complying with the superior’s order and executing the boys, at which moment one of the young men shouted ‘cowards’ at them.

Said execution order was carried out by, among others, conscript soldier Luis Alejandro Toledo Osses, who was performing surveillance duties at the south sentry box, and Corporal José Omar Correa Martínez, who ordered him to go to that place.

In addition, several officers, among them Captain Armando Staeding Schaffer; the second lieutenants Carlos Bunster Medina, Alessandro Cartoni Pruzzo, Manuel Montero Souper; Corporal Pedro Bitterlich Jaramillo, who was conducting patrols in the neighborhood, and other conscripts who accompanied him in those duties that night, witnessed the execution at the scene.

The victims’ bodies were subsequently transported and thrown into the Malleco River. The whereabouts of the bodies remain unknown to this date.

Days later, the Húsares Regiment of Angol was notified that the young men’s bodies had been seen in the river, so personnel from that unit proceeded to remove them from that location, transporting them to different points inside the regiment, with the corpses being seen by different people, among them Captain Carlos Horacio Guitart Olhagaray, who was cooperating in the work of the Military Prosecutor’s Office, and Luis Fernando Montanares Morales, who at that time was working inside the barracks.

This last person witnessed how three members of the unit, among them First Corporal Mario Hernán Tapia Sepúlveda, who worked as a tractor driver, drove the corpses on a vehicle to a sector of the regiment, where they were buried, without having to this date certainty of the exact location of that burial.

The young men, Ricardo Gustavo Rioseco Montoya, a 22-year-old university student and sympathizer of the Communist Youth, and Luis Raúl Cotal Álvarez, a 14-year-old secondary student with no political affiliation, were detained separately, without evidence of their participation in the shots fired against the regiment.

To this date, the whereabouts of Luis Raúl Cotal Álvarez and Ricardo Gustavo Rioseco Montoya remain unknown. No official from the Húsares Regiment of Angol has provided information about the events.

Source: piensaprensa.com, October 26, 2023

Supreme Court confirms conviction of former army officer for the crime against a worker in Angol in 1973

The Supreme Court rejected the appeals for cassation on form and substance filed against the sentence that convicted former Army officer Manuel Arturo Montero Souper for his responsibility in the crime of unlawful coercion resulting in the death of CORFO agricultural technician Óscar Armando Gutiérrez Gutiérrez, perpetrated in the city of Angol in December 1973.

In a unanimous ruling (case file 19.563-2022), the Second Chamber of the highest court—composed of ministers Manuel Antonio Valderrama, Leopoldo Llanos, Eliana Quezada, María Carolina Catepillán, and acting lawyer Eduardo Gandulfo—ruled out any error in the challenged sentence, issued by the Temuco Court of Appeals, and confirmed the 4-year prison sentence for Montero Souper, in his capacity as the perpetrator of the crime, indicating a sentence of effective fulfillment for the second lieutenant of the Húsares Regiment of Angol (at the time of the events).

In the case, the accused former army officer Carlos Horacio Guitart Olhagaray, who at the time of the events acted as prosecutor in the Húsares regiment, was dismissed due to dementia.

“That, regarding the substantive analysis of the grounds supporting the appeal, as can be inferred from the aforementioned appeal and in the words of the defense, the central protest that sustains both grounds relates to the accusation attributed to the sentenced party, which the appellant considers based solely on the statements of a declarant who, at the time, had the status of an accused in the events and whose participation was dismissed due to dementia, Carlos Guitart Olhagaray,” the ruling maintains.

Therefore, it resolves that it “rejects the appeal for cassation on form and substance, filed in favor of the convicted Manuel Arturo Montero Souper, presented by his defense attorney, Mr. Jorge Eduardo Montero Mujica, against the final sentence dated February 25, 2022, pronounced by one of the chambers of the Temuco Court of Appeals, which, consequently, is not void.”

Decision agreed upon with the caveat of Minister Valderrama and Minister Quezada, who were in favor of acting ex officio and granting the sentenced party a substitute penalty.

Death under torture and disappearance

In the first-instance sentence, visiting minister Álvaro Mesa Latorre established that as a result of the military coup and subsequent repressive events, retired Army Captain Carlos Horacio Guitart Olhagaray, who was residing in Bolivia, was called to collaborate with the new regime, presenting himself at the ‘Húsares’ regiment of Angol to assume the duties of military prosecutor that operated within that unit and which was in charge, until that date, of the second commander, León Joaquín Rivera González (currently deceased).

On the other hand, Óscar Armando Gutiérrez Gutiérrez, 28 years old, married, father of one, agricultural technician, member of the Socialist Party, served as head of the Agricultural Department of CORFO from 1967 until December 1973. After the coup, he was subjected to a prohibition from leaving the city of Angol by order of the Military Prosecutor’s Office of that commune.

At the beginning of December 1973, he was authorized to attend his father-in-law’s funeral in the city of Traiguén. However, he was detained by Investigative Police personnel, by order of the aforementioned Military Prosecutor’s Office, when he was at his in-laws' home.

After his detention, on December 7, he was admitted to the jail of the commune of Angol. There, Colonel Alejandro Morel Donoso (deceased), commander of the Húsares Regiment of Angol, gave the order for ‘harsh interrogation’ against Óscar Gutiérrez Gutiérrez, delivering that order in writing to the second commander León Rivera González (deceased).

Military Prosecutor Captain Carlos Guitart Olhagaray became aware of said order and witnessed it being transmitted to the then-second lieutenant Manuel Arturo Montero Souper, instructing him to ‘make that wretch talk,’ referring in that way to the prisoner.

Immediately, Montero Souper went to the place where the detainees, including Óscar Gutiérrez Gutiérrez, were kept hooded, supervising the interrogation carried out by personnel under his command. Subsequently, Second Lieutenant Montero Souper informed Captain Guitart Olhagaray that the prisoner had died.

Then, the second commander León Rivera González gave the order to bury him in some location unknown to this day.

From that moment on, the whereabouts of the remains of Óscar Armando Gutiérrez Gutiérrez remain unknown. The detainee’s own spouse went to the Húsares Regiment of Angol on several occasions to inquire about his whereabouts, with Captain Guitart Olhagaray himself telling her not to continue her search because he was deceased.

By Darío Núñez

Source: resumen.cl, April 1, 2025

Temuco Court sentences retired military personnel to 15 years and one day for the qualified homicide of Angol students in 1973

In the civil sphere, the appellate court confirmed the appealed sentence, that is, the payment of an indemnity of $300,000,000 for moral damages to the relatives of the victim Cotal Álvarez, modifying the aspect regarding court costs to the Treasury, an aspect in which it is revoked and in its place, it is absolved of said burden.

The Temuco Court of Appeals confirmed, with a declaration, the convictions issued by the minister for extraordinary causes regarding human rights violations for the jurisdictions of Temuco, Valdivia, Puerto Montt, and Coyhaique, Álvaro Mesa Latorre, against the then-lieutenant Germán Eduardo Ojeda Bennett; the second lieutenants Carlos Patricio Bunster Medina, Alejo César Tisi Gómez, Jorge Alberto Lagos Robles, Alessandro Ernesto Cartoni Pruzzo, Manuel Arturo Montero Souper, Eduardo Humberto Carrasco Hauenstein, and Corporal José Omar Correa Martínez, reducing the sentences from 19 years to 15 years and one day of imprisonment for their responsibility in the qualified homicides, as crimes against humanity, of Luis Raúl Cotal Álvarez and Ricardo Gustavo Rioseco Montoya. Illicit acts perpetrated in the commune of Angol on October 4, 1973.

In a majority ruling (case file 159-2024), the Second Chamber of the appellate court also modified the 15-year and one-day sentence for the former conscript soldier Luis Alejandro Toledo Osses to 5 years of imprisonment for his responsibility in the crime.

Furthermore, second lieutenants Eduardo Humberto Carrasco Hauenstein and Gabriel Enrique Fuentes Campusano, Lieutenant Carlos Alberto Campusano Osorio, First Corporal Mario Hernán Tapia Sepúlveda, and conscript soldier José Liborio Lavín Leiva must serve 3 years and one day of imprisonment as accessories after the fact to the crimes.

In the civil sphere, the appellate court confirmed the appealed sentence, that is, the payment of an indemnity of $300,000,000 for moral damages to the relatives of the victim Cotal Álvarez, modifying the aspect regarding court costs to the Treasury, an aspect in which it is revoked and in its place, it is absolved of said burden.

In the ratified sentence, visiting minister Mesa Latorre established the following facts:

“A.- That as a result of the events occurring since September 11, 1973, Carlos Horacio Guitart Olhagaray, a retired captain of the Chilean Army who until that date was residing in Bolivia, was called to collaborate with the new regime, presenting himself at the ‘Húsares’ Regiment of the commune of Angol to support the management of the Military Prosecutor’s Office that operated within the unit and which was in charge of the second commander León Rivera González (deceased, according to page 6.163, volume XVII).

B.- That on the night of October 4, 1973, two conscript soldiers were performing guard duty at the so-called south sentry box of the Húsares Regiment of Angol, located near the intersections of Los Confines and General Bonilla streets.

One of them, Luis Alejandro Toledo Osses, while gathering firewood to keep warm, heard a pistol shot outside the unit and others coming from inside it, with troops mobilizing immediately inside and outside the barracks, with Corporal José Correa Martínez ordering them at that instant to go outside, specifically to a warehouse located in front of the military unit.

Due to the situation, Second Lieutenant Eduardo Humberto Carrasco Hauenstein, who was sleeping in the bachelors' dormitory of the officers' mess, was even awakened.

C.- That, as a consequence of the shots heard, a contingent from the Regiment left it, separately and through different accesses, heading toward a warehouse located at 15 Los Confines Street, that is, in front of the aforementioned guard post, specifically to a warehouse that currently corresponds to a well-known vehicle dealership.

Said place was raided jointly with the adjoining dwelling, both owned by Duberli Rodríguez Silva, with the persons who carried out the alleged shots against the military unit not being found. The Regiment’s Reaction Unit also arrived at said place, which was prepared 24 hours a day to repel possible attacks on the military barracks, composed of around 30 soldiers and which that night was in charge of one of the active-duty captains of the Regiment, who according to the officer roster of the time would correspond to Armando Staeding Schaffer (deceased, according to page 7.590, volume XIX) and Enrique Gómez Ibáñez (deceased, according to page 6.162, volume XVII). In addition, as a result of the alleged shots heard that night, at least three second lieutenants were constituted at the scene, among them Jorge Alberto Lagos Robles, Alejo Tisi Gómez, and Carlos Patricio Bunster Medina; Lieutenant German Ojeda Bennett and captains Armando Juan Emilio Staeding Schaffer and Enrique Gómez Ibáñez, who cooperated in the initial search inquiries for the authors of the alleged shots and in their capture.

D.- That following the line of letter B), upon arriving at the scene, conscript Luis Alejandro Toledo Osses was able to observe the presence of a Toyota military vehicle, other conscript soldiers, Major León Rivera González, second lieutenants Carlos Bunster Medina and Alessandro Cartoni Pruzzo; Corporal José Correa Martínez, who had given him the order to report to that warehouse; and Corporal Pedro Bitterlich Jaramillo (deceased, according to page 6.574, volume XVIII), who was on patrol in the neighborhood that night.

Furthermore, in that property, owned by Duberli Rodríguez, he observed two young men standing, without bindings, with their faces uncovered, without weapons in sight, of young age, and one of them was wearing a white shirt.

E.- That immediately thereafter, Major León Rivera González gave the order to fire on the young men, who at that moment were standing next to a brick wall, complying with the superior’s order and executing the boys, at which moment one of the young men shouted ‘cowards’ at them.

Said execution order was carried out by, among others, conscript soldier Luis Alejandro Toledo Osses, who was performing surveillance duties at the south sentry box, and Corporal José Omar Correa Martínez, who ordered him to go to that place.

In addition, several officers, among them Captain Armando Staeding Schaffer; the second lieutenants Carlos Bunster Medina, Alessandro Cartoni Pruzzo, Manuel Montero Souper; Corporal Pedro Bitterlich Jaramillo, who was conducting patrols in the neighborhood, and other conscripts who accompanied him in those duties that night, witnessed the execution of those boys at the scene.

After the above, the conscript soldiers, among them José Liborio Lavín Leiva, placed the bodies in sacks inside a military vehicle, observing the bloodstained white shirt of one of the young men, and transported the corpses to the La Arcadia bridge, throwing them into the Malleco River, losing sight of them in the darkness of the night.

F.- That subsequently, the entire contingent returned to their previous posts, with Juan Abarca Briones, a non-commissioned officer who was on duty that night, observing the entry into the unit of military vehicles, with several officers who were performing active duties in the barracks that night on board.

Furthermore, said vehicles were driven by two people, one of them conscript Jorge Washington Aguilera Oñate (deceased, according to page 6.575, volume XVIII), who worked as a driver in that unit and who, after entering the Regiment, proceeded to wash the vehicles that were bloodstained, asking them what had happened without receiving an answer.

G.- That days later, the Húsares Regiment of Angol was notified that the young men’s bodies had been seen in the river, so personnel from that unit proceeded to remove them from that location, transporting them to different points inside the regiment, with the corpses being seen by different people, among them Captain Carlos Horacio Guitart Olhagaray, who was cooperating in the work of the Military Prosecutor’s Office, and Luis Fernando Montanares Morales, who at that time was working inside the barracks.

This last person witnessed how three members of the unit, among them First Corporal Mario Hernán Tapia Sepúlveda, who worked as a tractor driver, drove the corpses on a vehicle to a sector of the regiment, where they were buried, without having to this date certainty of the exact location of that burial.

H.- That the young men mentioned in the preceding letters correspond to Ricardo Gustavo Rioseco Montoya, a 22-year-old university student and sympathizer of the Communist Youth, and Luis Raúl Cotal Álvarez, a 14-year-old secondary student with no political affiliation, who were detained separately by military patrols.

The former inside his father’s home, located at the current 370 José Luis Osorio Street, and the latter on Artesanos Street, when he was heading to his home located on that thoroughfare at Pedro de Oña, coming from the house of his paternal grandmother, María Arriagada Valdés, located at 190 Artesanos, with no evidence that they had any involvement in the execution of the alleged shot fired outside the Húsares Regiment of Angol, nor were any weapons found in the respective searches.

I.- That everything preceding regarding the execution of the young men Luis Raúl Cotal Álvarez and Ricardo Gustavo Rioseco Montoya was observed by a 19-year-old woman, who upon hearing noises approached the wall adjacent to her home and Duberli Rodríguez’s warehouse, who saw when the military opened fire on the young men Luis Raúl Cotal Álvarez and Ricardo Gustavo Rioseco Montoya, at which moment she heard when one of them said ‘uncle, it’s me, your nephew.’ Even the next day, she was a witness to how Corporal Pedro Bitterlich Jaramillo appeared at each of the neighboring houses to ask the neighbors if they had heard or seen anything the night before.

J.- That as a result of the events related above, the whereabouts of Luis Raúl Cotal Álvarez and Ricardo Gustavo Rioseco Montoya remain unknown to this date, with no action having been taken by the Military Prosecutor’s Office of the time to initiate proceedings or investigate official responsibilities for the events of which the military authority became aware.

Furthermore, that same night, once the respective alarms were sounded in the barracks, the entire military contingent was mobilized, with even the Intendencia lieutenant, Lieutenant Carlos Alberto Campusano Osorio, participating, heading to the guard post for about 30 minutes to receive instructions from his superiors and collaborate in whatever was deemed necessary.

Subsequently, that same night, the regiment commander himself, Alejandro Morel Donoso (deceased, according to page 6.164, volume XVII), was constituted at the unit, carrying out inquiries about what had happened, with the Officer of the Guard, Second Lieutenant Gabriel Enrique Fuentes Campusano, commenting to him on what had happened regarding the alleged attack on the Regiment.

As a result of this, Commander Morel ordered an immediate meeting with the barracks officers, among them captains Armando Staeding Schaffer and Enrique Gómez Ibáñez; Lieutenant German Ojeda Bennett and the second commander León Rivera González (deceased, according to page 6.163, volume XVII).

K.- That later, the next day, the father of Ricardo Gustavo Rioseco Montoya, who was detained in the commune’s jail, was officially informed by Regiment Commander Alejandro Morel Donoso that his son had been executed by firing squad the night before.

Said information was provided to him in the presence of other officers, among them Second Lieutenant Manuel Montero Souper, who had allegedly witnessed what happened to the young men.

L.- That, finally, to this date, no public official—whether soldiers, non-commissioned officers, or officers—of the Húsares Regiment of Angol who served at the time of the events has provided any information to the respective authority regarding what happened to the bodies of the young men Luis Raúl Cotal Álvarez and Ricardo Gustavo Rioseco Montoya, maintaining to this day a concealment of all types of evidence regarding their deaths.”

Source: pdju.cl, August 28, 2025