The events took place in the Quinta Normal commune on September 7, 1983. The visiting judge sentenced Roberto Schmied Zanzi, Álvaro Corbalán Castilla, and Aquiles González Cortés to 20 years in prison.

For their responsibility in the homicides of Alejandro Salgado Troquián and Hugo Ratier Noguera, the extraordinary visiting judge for human rights violation cases of the Santiago Court of Appeals, Miguel Vázquez Plaza, sentenced 23 former agents of the Central Nacional de Informaciones (CNI).

The events occurred in the Quinta Normal commune on September 7, 1983, and were reported at the time as a shootout, which turned out to be staged. Judge Vázquez sentenced Roberto Schmied Zanzi, Álvaro Corbalán Castilla, and Aquiles González Cortés to 20 years in prison.

Meanwhile, former agents José Aravena Ruiz, José Salas Fuentes, Luis Arturo Sanhueza Ross, Egon Barra Barra, Jorge Vargas Bories, Norman Jeldes Aguilar, Fernando Rojas Tapia, Manuel Morales Acevedo, Sergio Canals Baldwin, and José Vidal Veloso must serve 15 years and one day in prison as perpetrators of the crimes.

Raúl Méndez Santos, Rodolfo Olguín González, Ema Ceballos Núñez, Miguel Gajardo Quijada, Rosa Ramos Hernández, Francisco Orellana Seguel, Juan Carlos Vergara Gutiérrez, Raúl Escobar Díaz, Rafael Ortega Gutiérrez, and Luis Gálvez Navarro were sentenced to 10 years and one day in prison as accomplices.

During the investigation of the case, Judge Vázquez established that Hugo Ratier Noguera and Alejandro Salgado Troquián died from gunshot wounds received in the back, after agents of the CNI, the Chilean Investigative Police, and other repressive agencies began firing without any provocation and with great firepower against the property located at Calle Janequeo 5707.

Source: eldinamo.cl, July 22, 2019

Human Rights: 23 former CNI agents sentenced for staged shootout during dictatorship

In the ruling by visiting judge Miguel Vázquez Plaza, one of those sentenced is Álvaro Corbalán Castilla, former operations chief of the dictatorship's Central Nacional de Informaciones, who adds another 20 years to his prison sentence.

The extraordinary visiting judge for human rights violation cases of the Santiago Court of Appeals, Miguel Vázquez Plaza, sentenced 23 former agents of the Central Nacional de Informaciones (CNI) for their responsibility in the crimes of homicide of Alejandro Salgado Troquián and Hugo Ratier Noguera, illicit acts perpetrated in 1983 in a staged shootout on Calle Janequeo in the Quinta Normal commune.

In the ruling, the visiting judge sentenced Roberto Schmied Zanzi, Álvaro Corbalán Castilla, and Aquiles González Cortés to 20 years in prison; meanwhile, former agents José Aravena Ruiz, José Salas Fuentes, Luis Arturo Sanhueza Ross, Egon Barra Barra, Jorge Vargas Bories, Norman Jeldes Aguilar, Fernando Rojas Tapia, Manuel Morales Acevedo, Sergio Canals Baldwin, and José Vidal Veloso must serve 15 years and one day in prison as perpetrators of the crimes.

In the case of Raúl Méndez Santos, Rodolfo Olguín González, Ema Ceballos Núñez, Miguel Gajardo Quijada, Rosa Humilde Ramos Hernández, Francisco Orellana Seguel, Juan Carlos Vergara Gutiérrez, Raúl Escobar Díaz, Rafael Ortega Gutiérrez, and Luis Gálvez Navarro, they were sentenced to 10 years and one day in prison as accomplices.

In the case, Judge Vázquez Plaza decreed the acquittal of agents Zinaida Vicencio González, Jorge Ahumada Molina, and Eduardo Chávez Baeza, as their participation in the events was not proven. According to the investigation, on September 7, 1983, a number of agents from the CNI, the Chilean Investigative Police, and other repressive agencies went to the residence located at Calle Janequeo No. 5707, Quinta Normal commune, which had been under surveillance for several weeks, “proceeding to surround and cordon off the place, and then, through the use of a base of fire and other weaponry, to fire, without any provocation and with great firepower against the property, as a result of which Hugo Ratier Noguera (José) died from various gunshot wounds in the backyard of the house.” Furthermore, the process established that “upon arriving at the same residence where he lived, Alejandro Salgado Troquián was gunned down by multiple gunshot wounds on the public thoroughfare, that is, on Calle Janequeo in front of number 5946.”

Source: elmostrador.cl, July 22, 2019

Santiago Court sentences 23 former CNI agents for murders in 1983 staged shootout

The Santiago Court of Appeals confirmed the first-instance sentence issued by Judge Miguel Vásquez Plaza on July 19, 2019, which sentenced 23 former agents of the Central Nacional de Informaciones (CNI) for their responsibility in the crimes of qualified homicide of Movimiento de Izquierda Revolucionaria (MIR) militants Hugo Ratier Noguera and Alejandro Salgado Troquián.

The crimes were perpetrated on September 7, 1983, in a staged shootout on Calle Janequeo in the Quinta Normal commune. In the ruling (case file 4741-2019), the Third Chamber of the appellate court—composed of judges Verónica Sabaj Escudero, Alejandro Aguilar Brevis, and Rodrigo Carvajal Schnettler—resolved to reject the appeals and cassation motions filed by some of the convicted and to confirm the first-instance sentence with the declaration of reducing from 20 to 17 years the prison sentences applied to former Army officers and former CNI leaders Roberto Urbano Schmied Zanzi, Álvaro Julio Federico Corbalán Castilla, and Aquiles Mauricio González Cortés, in their capacity as co-perpetrators of the crime. The first of the convicted, Schmied Zanzi, served as head of the CNI Metropolitan Division; Corbalán Castilla was head of the Anti-Subversive Division, and Aquiles González acted as head of the Blue Brigade, specialized in the repression of the MIR. Meanwhile, former Army officers Sergio María Canals Baldwin, Luis Arturo Sanhueza Ros, Fernando Rafael Mauricio Rojas Tapia, Norman Antonio Jeldes Aguilar, and former agents José Abel Aravena Ruiz, José Guillermo Salas Fuentes, Egon Antonio Barra Barra, Jorge Octavio Vargas Bories, Manuel Ángel Morales Acevedo, and José Isaías Vidal Veloso must serve 15 years and one day in prison as perpetrators of the crimes. For their part, former agents Rodolfo Enrique Olguín González, Ema Verónica Ceballos Núñez, Luis Hernán Gálvez Navarro, Rosa Humilde Ramos Hernández, Francisco Javier Orellana Seguel, Miguel Fernando Gajardo Quijada, Juan Carlos Vergara Gutiérrez, Raúl Boris Méndez Santos, Raúl Hernán Escobar Díaz, and Rafael Ricardo Ortega Gutiérrez were sentenced to 10 years and one day in prison as accomplices to the crimes. In the case, the acquittal of agents Zinaida Lena Vicencio González, Jorge Raimundo Ahumada Molina, and Eduardo Martín Chávez Baeza was decreed, as their participation in this event was not proven. Another person prosecuted in this case, former PDI agent Jorge Arnaldo Barraza Riveros, passed away during the proceedings; meanwhile, the prosecuted former Carabineros officer Miguel Ángel Patricio Soto Duarte remains a fugitive. This staged shootout was carried out by the CNI on the same day and immediately following the executions of three other MIR militants on Calle Fuenteovejuna, in a criminal act also orchestrated as a staged shootout. Judicially, both events are processed as separate episodes, in circumstances where it was a single repressive operation. In the investigation of the repressive act, it was demonstrated that the dictatorship's repressive agency developed a tracking and surveillance operation during the months prior on a group of MIR members who were acting in clandestinity in the resistance struggle against the tyrannical regime. With the data obtained from that prior observation, the CNI orchestrated the extermination operation that resulted in the detention of a dozen people, the attack and murder of the three residents of the house on Calle Fuenteovejuna, in the Las Condes commune, and then the attack and murder of two other militants at the house on Calle Janequeo in the Quinta Normal commune. On September 7, 1983, dozens of agents from the CNI, the SIFA, the Investigative Police, and other repressive agencies went to the residence located at Calle Janequeo No. 5707, Quinta Normal commune, which had been under surveillance for several weeks, proceeding to surround and cordon off the place, and then, through the use of a base of fire and other weaponry, to fire, without any provocation and with great firepower against the property, as a result of which Hugo Ratier Noguera, 39 years old, died from various gunshot wounds in the backyard of the house. Additionally, upon arriving at the same residence where he lived, Alejandro Salgado Troquián, 30 years old, was gunned down by multiple gunshot wounds and executed on the public thoroughfare, that is, on Calle Janequeo in front of number 5946. A minor, an adopted son of Salgado and a resident of the house along with Salgado and Ratier, was a victim and witness to the events but managed to flee to neighboring houses in the middle of the gunfire, thus saving his life and later denouncing the criminal attack.

Source: resumen.cl, November 18, 2021

Santiago Court increases sentence for former CNI agents for murder of professor in staged shootout

In a unanimous ruling, the Ninth Chamber of the appellate court increased the sentences that eight agents of the defunct Central Nacional de Informaciones (CNI) must serve for their responsibility in the crime of qualified homicide of professor Alan Rodríguez Pacheco.

The illicit act was perpetrated on January 3, 1985, in a staged shootout in the Maipú commune. The Santiago Court of Appeals increased the sentences that eight agents of the defunct Central Nacional de Informaciones (CNI) must serve for their responsibility in the crime of qualified homicide of professor Alan Williams Rodríguez Pacheco.

The illicit act was perpetrated on January 3, 1985, in a staged shootout in the Maipú commune. In a unanimous ruling (case file 4.940-2019), the Ninth Chamber of the appellate court—composed of Judge Miguel Vázquez and judges Dobra Lusic and Blanca Rojas—increased to 15 years in prison the sentences imposed on Álvaro Julio Federico Corbalán Castilla and Aquiles Mauricio González Cortés, in their capacity as perpetrators of the crime.

Meanwhile, the prosecuted Rodolfo Enrique Olguín González, Víctor Eulogio Ruiz Godoy, José Guillermo Salas Fuentes, Juan Alejandro Jorquera Abarzúa, Sylvia Teresa Oyarce Pinto, and Claudio Segundo Sanhueza Sanhueza must serve 10 years and one day in prison as co-perpetrators of the qualified homicide, rejecting that they had participated as accomplices in the proven events. “Regarding the participation of the convicted, the examination of the evidentiary records existing in the process leads this Court to share the motivations of the lower court to conclude the responsibility as perpetrators of those who have been convicted as such,” the ruling states. The resolution adds: “However, regarding the accused Olguín, Ruiz, Salas, Jorquera, Oyarce, and Sanhueza, the elements of conviction gathered in the case lead the Court to acquire the conviction that their responsibility is that of co-perpetrators, who acted in the events in the manner provided for in Article 15 No. 3 of the Penal Statute, since the ‘operation’ carried out was executed by members of the so-called Blue Group, in charge of pursuing and exterminating members of the MIR, after an extensive plan of tracking the victim, dividing the functions between those who would provide security, monitor the external perimeter, including the neighborhoods, and those who would proceed directly against the person of Alan Rodríguez, all of which accounts for a detailed planning, which prevents considering the aforementioned as mere accomplices.” In the civil aspect, the sentence that ordered the state to pay a total compensation of $180,000,000 (one hundred eighty million pesos) for moral damages to the victim's relatives was confirmed. Calle Victoria In the appellate ruling, extraordinary visiting judge Mario Carroza established the following facts: “1.- That the Central Nacional de Informaciones, CNI, was created on August 13, 1977, through Decree Law No. 1878, whose norm established its structure, with powers and faculties similar to those of its predecessor, the DINA, imposing a dependency on the Ministry of the Interior, consistent with its function of gathering and processing all national information coming from various fields of action that the ‘… Supreme Government requires for the formulation of plans and programs, and the adoption of measures necessary for the protection of national security, the development of national activities, and the maintenance of institutional order.’ The organization had a military nature and counted on both armed forces personnel and civilian personnel for the performance of its functions, being endowed with its own means, detention centers, etc., all under the charge of a General Director, who exercised national command and to whom all its members were subordinate. In the Metropolitan Region, there was the Anti-Subversive Division, based at the Borgoño Barracks, and within it, among others, was the Blue Brigade, which had as its objective, at the date of the events, the investigation and repression of the Movimiento de Izquierda Revolucionaria. The Brigades were organized in a top-down manner around a commanding officer, who established the guidelines, objectives, and priorities of the work. At this middle level of structure, as in any hierarchical organization, contact and information channels were maintained with their superiors in the case reviewed, to whom work was reported and from whom guidelines were received. The operations of the Brigades were developed by groups or work teams, composed of members of the Army, Carabineros, and the Chilean Investigative Police, who followed the orders issued by the Brigade chiefs. 2.- That this being the case, Alan Williams Rodríguez Pacheco, 28 years old, a militant of the Movimiento de Izquierda Revolucionaria, MIR, on January 3, 1985, lived together with his partner Emilia Rosa López Cifuentes, who was pregnant, in the house at Calle Victoria No. 2304 in the Maipú commune. He gave private English classes and did typing work at home, while she performed administrative functions at the VECTOR Center for Social and Economic Studies. On the mentioned day and after having said goodbye to his wife at the door of the house, he returned and remained inside until about 10:30 hours, at which time the property was attacked by security agents of the Central Nacional de Informaciones, CNI, who for several months had been tracking him, which allowed them to detect his location and detail his routines. The attack on the property lasted incessantly for about half an hour, and as a consequence of it, Rodríguez Pacheco died from cervicothoracic trauma due to a gunshot wound, and his body was charred as a result of the fire generated by the use of war weaponry. 3.- That the official information provided on that occasion to the press by the security agency and that stated in the statements given by the agents in the investigation substantiated in the Military Prosecutor's Office, the operation would have been developed with the purpose of arresting a subject linked to subversive activities, but when they tried to fulfill the task, they were received with bursts of gunfire from inside the property, and had to repel the attack. 4.- That the proceedings carried out and the information accumulated during the development of this investigation allow us to maintain that the official version was only a disguise for what really happened, since there was from the beginning a conscientious preparation of the operation, with permanent tracking and surveillance of Alan Rodríguez Pacheco, then his location and routine were established in advance, since they waited for his wife to leave the property, which allowed for the preparation of the place and the base of fire. This detailed gestation is not typical of an arrest, but of an action that sought his death as a result; for the same reason, the decision to operate on the property on Calle Victoria in the Maipú commune had been taken previously by the operational chiefs and communicated through the respective channels to the institution's directorate, which approved it and issued the pertinent order.”

Source: adprensa.cl, January 4, 2022

Supreme Court confirms sentences of 22 CNI agents for crimes in staged shootout in Quinta Normal in September 1983

The Supreme Court confirmed the sentences against 22 agents of the Central Nacional de Informaciones (CNI) for their responsibility in the crimes of qualified homicide of Movimiento de Izquierda Revolucionaria (MIR) militants Hugo Ratier Noguera and Alejandro Salgado Troquián.

The crimes were perpetrated on September 7, 1983, in a staged shootout on Calle Janequeo in the Quinta Normal commune, in Santiago. In a unanimous ruling, the Second Chamber of the highest court (case file 10.047-2022)—composed of judges Manuel Antonio Valderrama, Leopoldo Llanos Sagristá, Jean Pierre Matus, and ad hoc lawyers Gonzalo Ruz L. and Leonor Etcheberry C.—ruled out any error of law in the sentence and rejected the cassation motions in form and substance filed by almost all of the convicted against the ruling of the Santiago Court of Appeals, issued in November 2021, which in turn confirmed with some changes the first-instance ruling, issued in July 2019 by Judge Miguel Vásquez Plaza. In the resolution, the Second Chamber confirms the sentences applied to former Army officers and former CNI leaders Roberto Urbano Schmied Zanzi, Álvaro Julio Federico Corbalán Castilla, and Aquiles Mauricio González Cortés, who are sentenced to 17 years in prison, in their capacity as co-perpetrators of the crime. The first of the convicted, Schmied Zanzi, served as head of the CNI Metropolitan Division; Corbalán Castilla was head of the Anti-Subversive Division, and Aquiles González acted as head of the Blue Brigade, specialized in the repression of the MIR. Meanwhile, former Army officers and CNI operatives Sergio María Canals Baldwin, Luis Arturo Sanhueza Ros, Fernando Rafael Mauricio Rojas Tapia, Norman Antonio Jeldes Aguilar, and former agents José Abel Aravena Ruiz, José Guillermo Salas Fuentes, Egon Antonio Barra Barra, Jorge Octavio Vargas Bories, and José Isaías Vidal Veloso must serve 15 years and one day in prison as perpetrators of the crimes. For their part, former agents Rodolfo Enrique Olguín González, Ema Verónica Ceballos Núñez, Luis Hernán Gálvez Navarro, Rosa Humilde Ramos Hernández, Francisco Javier Orellana Seguel, Miguel Fernando Gajardo Quijada, Juan Carlos Vergara Gutiérrez, Raúl Boris Méndez Santos, Raúl Hernán Escobar Díaz, and Rafael Ricardo Ortega Gutiérrez were sentenced to 10 years and one day in prison as accomplices to the crimes. Agent Manuel Ángel Morales Acevedo, also sentenced in previous instances, passed away during the proceedings. Staged shootout On September 7, 1983, dozens of agents from the CNI, the SIFA, the Investigative Police, and other repressive agencies went to the residence located at Calle Janequeo No. 5707, Quinta Normal commune, which had been under surveillance for several weeks, proceeding to surround and cordon off the place, and then, through the use of a base of fire and other weaponry, to fire, without any provocation and with great firepower against the property, as a result of which Hugo Ratier Noguera died from various gunshot wounds in the backyard of the house. Simultaneously, upon arriving at the neighborhood and the same residence where he lived, militant Alejandro Salgado Troquián was gunned down by multiple gunshot wounds and executed on the public thoroughfare, that is, on Calle Janequeo in front of number 5946, two blocks from the attacked house. Hugo Norberto Ratier Noguera, 39 years old, was of Argentine nationality, originally from Misiones, and had resided in Chile since 1970. He was a leader of the MIR and remained active in clandestinity. He was married and a father of three children; shortly before these events, his wife and children had left the country for security reasons. Alejandro Salgado Troquián, 30 years old, a veterinarian by profession, also a militant of the MIR, was married and a substitute father to his partner's children. A minor, an adopted son of Salgado and a resident of the house along with Salgado and Ratier, was a victim and witness to the events but managed to flee to neighboring houses in the middle of the gunfire, thus saving his life and later denouncing the criminal attack. This staged shootout was carried out by the CNI on the same day and immediately following the executions of three other MIR militants on Calle Fuenteovejuna, in the Las Condes commune, in a criminal act also orchestrated as a staged shootout and where Arturo Vilavella Araujo, Lucía Orfilia Vergara Valenzuela, and Sergio Peña Díaz were murdered. The three had returned clandestinely to Chile to join the fight against the dictatorship. Judicially, both events are processed as separate episodes, in circumstances where it was a single repressive operation. In the investigation of the repressive act, it was demonstrated that the dictatorship's repressive agency developed a tracking and surveillance operation during the months prior on a group of MIR members who were acting in clandestinity in the resistance struggle against the tyrannical regime. With the data obtained from that prior observation, the CNI orchestrated the extermination operation that resulted in the detention of a dozen people, the attack and murder of the three residents of the house on Calle Fuente Ovejuna, and then the attack and murder of two other militants at the house on Calle Janequeo in the Quinta Normal commune. by Darío Núñez

Source: resumen.cl, January 27, 2024

Supreme Court sentences CNI agents for murder of professor executed in staged operation

In a unanimous ruling, the Second Chamber of the highest court confirmed the sentence that convicted nine agents of the dissolved Central Nacional de Informaciones (CNI) for their responsibility in the consummated crime of qualified homicide of professor Alan Williams Rodríguez Pacheco.

The illicit act was committed in the Maipú commune in January 1985. The Supreme Court confirmed the sentence that convicted nine agents of the dissolved Central Nacional de Informaciones (CNI) for their responsibility in the consummated crime of qualified homicide of professor Alan Williams Rodríguez Pacheco.

The illicit act was committed in the Maipú commune in January 1985. In a unanimous ruling (case file 10.237-2022), the Second Chamber of the highest court—composed of judges Manuel Antonio Valderrama, Leopoldo Llanos, Jean Pierre Matus, judge María Cristina Gajardo, and ad hoc lawyer Eduardo Gandulfo—rejected the cassation motions in substance filed against the sentence that sentenced Álvaro Julio Federico Corbalán Castilla and Aquiles Mauricio González Cortés to 15 years of effective prison, in their capacity as perpetrators of the crime.

Meanwhile, the former repressive agents Rodolfo Enrique Olguín González, Víctor Eulogio Ruiz Godoy, José Guillermo Sala Fuentes, Juan Alejandro Jorquera Abarzúa, Sylvia Teresa Oyarce Pinto, and Claudio Segundo Sanhueza Sanhueza must serve 10 years and one day in prison as co-perpetrators.

Likewise, the sentence imposed on the appellant Eduardo Avelino Fuenzalida Pérez of 5 years and one day of effective prison is maintained. “That, in successive pronouncements, this Court has declared the reasons regarding the impropriety associated with the isolated interposition of the cause indicated in numeral 7 of Article 546 of the Code of Criminal Procedure, in which an infringement of the law regulating evidence is denounced,” the ruling states. “In this case, it has been maintained that if it is argued in isolation and is not linked to another of the grounds for invalidation provided for in Article 546 of the Code of Criminal Procedure, it must be dismissed,” it adds. “Indeed,” it continues, “if the intention is to alter the factual substrate of the challenged ruling, it is necessary that another of the grounds for nullity that said precept enshrines be raised jointly, since the mere mutation of the facts does not allow this court of cassation to make use of its invalidating powers and determine, ex officio, which of those other grounds—taxatively indicated in the procedural statute of the branch—that denote an erroneous application of the law corresponds to make concurrent, in such a way that the appeal contains a defect that entails its rejection.” The resolution adds: “That, likewise, it is necessary to reaffirm the position that jurisprudence traditionally maintains in matters of criminal cassation, in particular regarding the ground invoked by the appellant. Indeed, the protest raised is that contained in numeral 7 of Article 546 of the Code of Criminal Procedure, which refers to the violation of the laws regulating evidence, which must have a substantial influence on the dispositive part of the sentence.” “In particular, the appellant questions the assessment executed by the judges, pointing out that it violates the laws regulating evidence and would not allow reaching the condemnatory conclusion arrived at. However, beyond this assertion and the reproduction of the observed aspects, nowhere in its argument does it adequately develop the way in which said assessment norms were affected. Moreover, the appellant only asserts the infringement, building its claim on assertions as general as those it observes in the ruling and which, in reality, seek for this Court to perform an exercise forbidden for this venue, which is a new assessment of the evidentiary means that, moreover, were duly appraised by the instance judges,” the resolution affirms. “In this sense,” it delves, “it is not superfluous to mention that the instance judges are sovereign regarding the establishment of the facts and with this, the Supreme Court is denied their review and is forced to accept them, provided that there is no obvious and flagrant violation of any law regulating evidence that, as the ground for cassation provides, substantially influences the dispositive part of the sentence. In that understanding, at the time it was maintained that ‘it is up to the instance judges to establish the facts and for this purpose they have the private and sovereign power to assess the intrinsic merit of the various legal means of evidence accumulated in the case, without the exercise of this power to weigh and compare those same elements of the process discretionally and subjectively being subject to the censure of the cassation court, nor can it fall within the scope in which the ground of No. 7 of Article 546 of the Code of Criminal Procedure operates, since the laws regulating evidence, whose infringement gives basis to the appeal of cassation in substance, are only those that establish prohibitions or limitations to the aforementioned power, as would be the admission in the grounds of the ruling of background information foreign to the means of evidence recognized as such by Article 457 of the Code of Criminal Procedure’ (Rev. D. y J. T. LI, Second Part, Fourth Section, Page 56, cited in the work Treatise on Criminal Procedural Law. T. II, Pages 393 and 394, by the author Rafael Fontecilla Riquelme).” In the same sense, it was resolved that, “the appreciation of the laws regulating evidence to which No. 7 of Article 546 of the Code of Criminal Procedure alludes, implies the violation of a legal norm related to evidence, but not to the appreciation of the facts, which the law always locates, sovereignly, in the instance judges” (Rev. D. y J. T. LI, Second Part, Fourth Section, Page 89, cited by the aforementioned author).” For the highest court: “As can be seen, there is already an established interpretation regarding the invariability of the facts pointed out by the instance judges, who have the power to assess the evidence to determine the same and that scope escapes the reviewing action of the Supreme Court, unless the judges violate the norms regulating evidence in a serious manner and this has an influence on the dispositive part of the ruling—which is not the case in the present case—, which must be described with clarity, an enumeration of the legal norms that are denounced as violated or the partial description of certain evidentiary elements that, moreover, were duly assessed regarding the analysis carried out by the instance judges in the exercise of their own powers being entirely insufficient, an idea that predominates since the Draft of the Code of Criminal Procedure for the Republic of Chile and which is revealed in the words of Mr. Manuel Egidio Ballesteros, who expressed: ‘we set general rules for the way of estimating the evidence, and we record the cases in which it should be considered sufficient to prove the existence of a fact, but at the same time we leave the judge the freedom of criteria to make his inductions or deductions’.” “With what has been said, it is possible to conclude that the appeal seeks the execution of a task that has already been carried out, providing legal reasons to adopt the decision that is now questioned, but which, in concrete terms, is based on an exercise private to the judges and in which the vices attributed to them are not observed, thus the appeal presented must be dismissed,” it highlights. Likewise, the ruling records: “That on behalf of the representative of the convicted Sylvia Oyarce Pinto, an appeal for invalidation of substance is presented, which is based on numerals 1 and 7 of Article 546 of the Code of Criminal Procedure, denouncing the infringement of Article 15 No. 3 of the Penal Code, in relation to No. 1 of Article 488 of the Code of Criminal Procedure, a question that would occur when changing the participation attributed to the accused, who went from being an accomplice to a perpetrator, without, in her concept, there being evidence that allows proving the requirements associated with the prior concert, nor the facilitation of the means for its execution, nor the fact of witnessing the same without taking immediate part in it, in such a way that she understands that she never executed actions typical of co-perpetration, estimating that, in passing, Article 488 No. 1 of the Code of Criminal Procedure is infringed.” “Consequently, she requests to invalidate said ruling and issue a new sentence in accordance with the law and the merit of the process, which declares that there is no element in these files that allows maintaining that Sylvia Oyarce Pinto did anything in such a way that criminal reproach can be formed against her, in the terms of Article 15 No. 3 of the Penal Code,” it concludes. Therefore, it is resolved that: “the cassation motions in substance filed by the respective representatives of the convicted Aquiles Mauricio González Cortés, Eduardo Avelino Fuenzalida Pérez, José Guillermo Salas Fuentes, Rodolfo Enrique Olguín González, Víctor Eulogio Ruiz Godoy, Juan Alejandro Jorquera Abarzúa, Sylvia Teresa Oyarce Pinto, and Claudio Segundo Sanhueza Sanhueza, directed against the final sentence dated December 31, 2021, pronounced by the Ninth Chamber of the Santiago Court of Appeals, are REJECTED, and it is not null.” Planned attack The first-instance sentence, issued by the visiting judge for human rights violation cases of the Santiago Court of Appeals, Mario Carroza Espinosa, established the following facts: “1.- That the Central Nacional de Informaciones, CNI, was created on August 13, 1977, through Decree Law No. 1878, whose norm established its structure, with powers and faculties similar to those of its predecessor, the DINA, imposing a dependency on the Ministry of the Interior, consistent with its function of gathering and processing all national information coming from various fields of action that the ‘... Supreme Government requires for the formulation of plans and programs, and the adoption of measures necessary for the protection of national security, the development of national activities, and the maintenance of institutional order.’ The organization had a military nature and counted on both armed forces personnel and civilian personnel for the performance of its functions, being endowed with its own means, detention centers, etc., all under the charge of a general director, who exercised national command and to whom all its members were subordinate. In the Metropolitan Region, there was the Anti-Subversive Division based at the Borgoño Barracks, and within it, among others, was the Blue Brigade, which had as its objective, at the date of the events, the investigation and repression of the Movimiento de Izquierda Revolucionaria. The Brigades were organized in a top-down manner around a commanding officer, who established the guidelines, objectives, and priorities of the work. In this middle level of structure, as in any hierarchical organization, contact and information channels were maintained with their superiors in the case reviewed, to whom work was reported and from whom guidelines were received. The operations of the brigades were developed by groups or work teams, composed of members of the Army, Carabineros, and the Chilean Investigative Police, who followed the orders issued by the Brigade chiefs; 2.- That this being the case, Alan Williams Rodríguez Pacheco, 28 years old, a militant of the Movimiento de Izquierda Revolucionaria, MIR, on January 3, 1985, lived together with his partner Emilia Rosa López Cifuentes, who was pregnant, in the house at Calle Victoria No. 2304 of the Maipú commune. He gave private English classes and did typing work at home, while she performed administrative functions at the VECTOR Center for Social and Economic Studies. On the mentioned day and after having said goodbye to his wife at the door of the house, he returned and remained inside until about 10:30 hours, at which time the property was attacked by security agents of the Central Nacional de Informaciones, CNI, who for several months had been tracking him, which allowed them to detect his location and detail his routines. The attack on the property lasted incessantly for about half an hour, and as a consequence of it, Rodríguez Pacheco died from cervicothoracic trauma due to a gunshot wound, and his body was charred as a result of the fire generated by the use of war weaponry. 3.- That the official information provided on that occasion to the press by the security agency and that stated in the statements given by the agents in the investigation substantiated in the Military Prosecutor's Office, the operation would have been developed with the purpose of arresting a subject linked to subversive activities, but when they tried to fulfill the task, they were received with bursts of gunfire from inside the property, and had to repel the attack; 4.- That the proceedings carried out and the information accumulated during the development of this investigation allow us to maintain that the official version was only a disguise for what really happened, since there was from the beginning a conscientious preparation of the operation, with permanent tracking and surveillance of Alan Rodríguez Pacheco, then his location and routine were established in advance, since they waited for his wife to leave the property, which allowed for the preparation of the place and the base of fire. This detailed gestation is not typical of an arrest, but of an action that sought his death as a result; for the same reason, the decision to operate on the property on Calle Victoria in the Maipú commune had been taken previously by the operational chiefs and communicated through the respective channels to the institution's directorate, which approved it and issued the pertinent order.”

Source: pdju.cl, December 11, 2024