On October 6, 1973, the following individuals were executed by resolution of an alleged Consejo de Guerra (War Council) held in Calama:

-Luis BUSCH MORALES, 36 years old, Bolivian, agronomist, Socialist Party militant; detained on October 5 by carabineros, who took him to the Calama Jail that same day.

-Francisco Gabriel VALDIVIA, 34 years old, laborer, President of the Union of the Empresa Nacional de Explosivos (ENAEX), Socialist Party militant; he was detained at his home in Calama on October 4, 1973, by local carabineros and taken to the jail. He had previously been detained for one day on September 20.

-Andrés ROJAS MARAMBIO, 38 years old, driver for the Servicio Nacional de Salud, Socialist Party militant; detained on October 5, 1973, by Calama carabineros at his home and taken to the jail.

The three aforementioned individuals were sentenced to death by a Consejo de Guerra which, according to official versions, took place in Calama on October 6, 1973, on charges of participating in an attempted sabotage of the DUPONT explosives plant belonging to the ENAEX company. The official version was published in the regional press.

This Commission did not obtain a copy of the respective proceedings or the sentence. The executions were carried out on the same day the Council allegedly took place, and the remains of the executed were not returned to their families until two years later, when they were informed of the burial site and permitted to exhume them.

The Commission reached the conviction that the deaths of Luis Busch, Francisco Valdivia, and Andrés Rojas were the result of a trial conducted outside of all legality, constituting a violation of their human rights, especially the right to a fair trial and the right to life, thereby compromising the responsibility of State agents.

It bases its conviction on the background information already noted regarding the Consejos de Guerra and specifically the following:

-Only one day elapsed between the date of detention and the execution, which demonstrates the impossibility of having conducted an adequate investigation and judicial process, had one existed;

-Various testimonies account for the visible consequences of the duress to which the executed were subjected during that brief period of time, meaning any eventual confessions they may have made would lack validity;

-The accused did not have the right to be assisted by a lawyer, and their families were not informed that they would be subjected to a Consejo de Guerra, meaning they could not provide them with legal counsel, and they learned of their sentences and executions through radio reports.