, who at page 510, states that as of September 11, 1973, he was the Second Chief of the Concepción Prefecture, with Colonel Benjamín Bustos, the Prefect, as his direct superior. He indicates that his duty was to organize services, which required personnel from various units, and that his work did not involve working with detainees.

He indicates that the Prefecture was in the same building where a police station operated, and a Civil Commission depended on it, although, according to the circumstances that occurred after September 11, 1973, there may have been a duality and it may have also depended on superior and direct commands to investigate or prevent acts of attacks against public order and the Carabineros.

He points out that although he arrived late, he did indeed participate in a meeting that took place between 23:00 hours on September 10, 1973, and midnight, in which it was announced to the officers that the Carabineros and the Armed Forces would take command of the Government.

He does not remember if Mr. Pinares attended that meeting. He indicates that after that date, there was an increase in detainees, especially in the courtyard of the aforementioned building, but he had no participation in them.

He indicates that a joint command of the Armed Forces was created inside a police facility and that the detainees were in charge of that joint command. He indicates that Arévalo Cid belonged to the Civil Commission, whose members did not wear uniforms, but civilian clothes; they were armed, had no set schedule, performed intelligence work, and acted as information became available.

At page 1541, he adds that as second in command of the Prefecture, it was his responsibility to program the services, that is, when more than one police station was involved. He indicates that the head of the SICAR, who was Captain Sergio Arévalo Cid, had no contact with him, but before the 11th, at the Prefecture, a card index was made with the backgrounds of extremists, and Captain Arévalo was involved in that; he did everything and set up an office in front of the barbershop.

He indicates that Arévalo was supposed to report to the Prefect, but he has no proof of this. He indicates that after September 11, 1973, he was in an institutional car heading toward San Pedro, on a service patrol, when he noticed that there were people on the new bridge looking toward the south bank, and he got out to observe from the railing of the structure, seeing two bodies in the distance, or rather two lumps, ordering that the Courts be notified.

He saw the bodies from afar and it seemed they were in uniform; afterwards, he left without having had contact with Commissioner Pinares, whom he did not see.

O1) Ocular inspection and scene reconstruction

.......Immediately thereafter, and in the same place, in front of the beach, the Court interrogated Fernando Pinares Carrasco, who stated that he remembered this site, in front of the beach, as the one he went to on September 20, 1973, in an institutional jeep.

He remembers that that morning, he was notified at his home, before 08:00 hours, probably by telephone, by the guard personnel of the Fourth Carabineros Police Station of Concepción , of which he was the commissioner, that the bodies of two people had been found in the Boca Sur sector, facing the sea.

After about 45 minutes or an hour, he arrived at the beach, leaving the jeep next to other vehicles near the beach, in an area where the vehicles could reach. Afterward, he walked about 100 meters, ending up about 30 or 40 meters from the tide line, observing that on the sand, several meters from the water, lay the bodies of two young people, clothed, deceased, noticing that one of them had a kind of stain on his face.

He indicates that his hierarchical superior, Lieutenant Colonel, second chief of the Prefecture, Fernando Poo Rodríguez; was at the scene, and to his right was Lieutenant Gustavo Morales, of the San Pedro Police Station .

He remembers that Commander Poo informed him that these two people had died as a result of a confrontation with another extremist group and that the procedure was in their charge, ordering him to leave the place.

He notes that he observed several vehicle tracks in the sand up to near the bodies, which caught his attention; and that there were also more people at the place, including uniformed Carabineros, not remembering if there were also civilians. He does not remember having seen Captain Sergio Arévalo Cid at the scene.

TWENTIETH: That, providing an investigative statement at page 492, Sergio Arévalo Cid states

.......At page 2341, in the plenary stage, he ratifies his statements, in essence, regarding the fact that despite depending on the Carabineros Prefecture of Concepción , in charge of Colonel Bustos , he always presented himself before the Commissioner of the Fourth Police Station, Major Pinares , to whom he reported since he was his direct boss, to then render the same report to Commander Poo, adding that he never spoke personally with Colonel Bustos and that when they moved to the Prefecture facilities, he stopped reporting to Pinares.

He indicates that on September 18, 1973, Major Pinares ordered him to create the Intelligence Service, which, in February 1974, came to depend on Bustos Lagos. He indicates that the decisions in the SICAR were made in relation to his subordinate personnel, and Commander Poo or Commissioner Pinares would give them lists or reports with the names of people who might have weapons, and it was those lists that they checked to see if the detainees corresponded.

He later adds that he had a hierarchical relationship with Pinares, but with Poo, he had a command relationship.

Source: Judiciary, October 21, 2013