In the resolution, the visiting judge issued an indictment against retired Army Lieutenant Patricio Kellet Oyarzún as the perpetrator of the unlawful coercion applied.

The visiting judge for human rights violation cases of the Courts of Appeal of Temuco, Valdivia, Puerto Montt, and Coyhaique, Álvaro Mesa Latorre, indicted retired members of the Army, Carabineros, and the Investigative Police for their responsibility in the crime of unlawful coercion against the former intendant of Valdivia, Sandor Arancibia, and seven other victims, crimes perpetrated starting on September 11, 1973, in the city.

In the resolution (case file 3-2012 Valdivia), the visiting judge issued an indictment against retired Army Lieutenant Patricio Kellet Oyarzún as the perpetrator of the unlawful coercion applied to Sandor Arancibia Valenzuela, Juan Yilorm Martínez, Luis Díaz Bórquez, Joel Asenjo Ramírez, Víctor Hormazábal Rozas, Carlos Jaime Bahamondez Hormazábal, Carlos Armando Villarroel Machuca, and Rogers Delgado Sáez.

Meanwhile, Bernardo O'Higgins de las Mercedes Puga Concha, Rubén Darío Aracena González, Juan Bautista Yáñez Ruiz, Germán Jesús Borneck Matamala, and Hernán Soriano Ávila face indictment as perpetrators of the crimes of unlawful coercion against Sandor Arancibia Valenzuela, Juan Yilorm Martínez, Víctor Hormazábal Rozas, José Daniel Gallardo Saldivia, Rogers Delgado Sáez, Joel Asenjo Ramírez, and Luis Díaz Bórquez.

In the case of the former high-ranking Army officer Santiago Arturo Sinclair Oyaneder, he was identified by the judge as the perpetrator of the unlawful coercion inflicted upon Sandor Arancibia Valenzuela, Juan Yilorm Martínez, Víctor Hormazábal Rozas, José Daniel Gallardo Saldivia, Rogers Delgado Sáez, Joel Asenjo Ramírez, Luis Díaz Bórquez, Uldaricio Manuel Figueroa Valdivia, and Carlos Jaime Bahamondez Hormazábal.

Finally, Marcelo Eduardo Jara de la Maza faces indictment as an accessory to the crime of unlawful coercion practiced against Sandor Arancibia Valenzuela, Juan Yilorm Martínez, Víctor Hormazábal Rozas, José Daniel Gallardo Saldivia, Rogers Delgado Sáez, Joel Asenjo Ramírez, Luis Díaz Bórquez, Uldaricio Manuel Figueroa Valdivia, and Carlos Jaime Bahamondez Hormazábal.

"Plan Z" During the investigation stage of the case, Minister Álvaro Mesa was able to establish the following facts:

A.- That as a result of the events that occurred on September 11, 1973, Sandor Arancibia Valenzuela, Juan Yilorm Martínez, Víctor Hormazábal Rozas, José Daniel Gallardo Saldivia, Rogers Delgado Sáez, Joel Asenjo Ramírez, Luis Díaz Bórquez, Uldaricio Manuel Figueroa Valdivia, Carlos Jaime Bahamondez Hormazábal, Carlos Armando Villarroel Machuca, among others, were detained in various cities of the country and especially in the commune of Valdivia.

Some of them held public office or were members of political parties of the government of President Salvador Allende Gossens until that date. All of them were accused of being the ringleaders of a fanciful plan to exterminate members of the Armed Forces and Order, known to this day as "Plan Z." All the detainees, on different dates after September 11, 1973, were taken to the Valdivia Public Jail by order of the existing Military Prosecutor's Office.

These detentions were decided by the military authority of the time, without a judicial order, and there is no record in the proceedings of them being carried out under a procedure adjusted to the regulations in force at that time.

B.- That in the Cazadores regiment of the commune of Valdivia, after the military coup, by order of General Héctor Bravo Muñoz (currently deceased), the Second Section of Information and Intelligence was reinforced with the addition of officials from the same military unit, including Hernán Soriano Ávila; a member of the Investigative Police of Chile, Germán Jesús Borneck Matamala; and personnel from the "José Gil de Castro" Carabineros station of the same commune, including Lieutenant Rubén Aracena González and Corporal Juan Bautista Yáñez Ruiz, nicknamed "esbante grande." This group was in charge of Army Lieutenant Patricio Kellet Oyarzún and their mission was to interrogate detainees for political matters, who were admitted to the Valdivia jail after that date.

C.- That following the previous line, Division General Héctor Bravo Muñoz, in addition to reinforcing the intelligence unit, gathered the commanders of the Cazadores and Maturana regiments, which operated in the same military compound known as "cantón Bueras" in the commune of Valdivia, and verbally instructed that Colonel Pantoja (currently deceased) take charge of the entire operational part in order to find the presence of subversives.

This was done in the presence of the commander of the Cazadores regiment, Santiago Sinclair Oyaneder, whom he designated to carry out patrol functions in the city of Valdivia and assume security in the urban area of Valdivia, as well as serving as government delegate at the Universidad Austral de Chile.

Despite his designation as an education authority, Commander Sinclair Oyaneder continued to perform his duties daily in the unit under his command—since, as indicated, he had to assume security in the commune of Valdivia and because his residence was located inside the military compound—going to that place daily, becoming aware that Colonel Pantoja had control of the regiment's gymnasium and a registry of the detained persons.

Furthermore, he knew about the supervision that Pantoja carried out in the search for information. All of the above was observed on more than one occasion, both day and night, as people were led to the aforementioned gymnasium to be interrogated.

D.- That furthermore, at the end of September 1973, Bernardo O'Higgins de las Mercedes Puga Concha, who until that date served as an assistant lawyer for the State Defense Council, was called to join the Army, assuming functions as a legal advisor to the Military Prosecutor's Office, which until then was in charge of Mr.

Mario Piraíno Valenzuela (currently deceased). Some defense lawyers even went to the office of the Military Prosecutor's Office, interviewing said legal advisor, who identified himself as a Military Prosecutor.

E.- That in order to comply with the order given by the superiors, the gymnasium of the Cazadores regiment was enabled, placing desks to interrogate the political detainees. In this way, the detainees were taken to and from the jail to the regiment by military personnel of the section led by Patricio Kellet Oyarzún, being interrogated at the Military Prosecutor's Office and physically coerced in the gymnasium facilities before and/or after these interrogations.

In the gymnasium or torture room, there were implements to tie up the detainees and apply electricity to different parts of their bodies, in addition to applying other types of torment such as kicks and punches.

All members of the group led by Lieutenant Patricio Kellet Oyarzún participated in this task, in addition to the Investigative Police detective and the Carabineros officials who were attached there and mentioned above.

F.- That at that same time, the doctor Marcelo Eduardo Jara de la Maza, who served as a health officer in one of the infirmaries of the cantón Bueras, performed military operational functions—including barracks guard duty and participation in war councils—and, in addition, those proper to his profession.

In that sense, after September 11, 1973, it was his duty to examine the detainees, having to verify their injuries, if any, and record them in a report that he delivered to the same unit. He did the same when the detainees were released.

G.- That once the people were interrogated in the aforementioned Regiment, they were taken back to the Valdivia jail. In that place, their own cellmates and one of the prison infirmary officials verified their poor physical condition as a result of the interrogations under torture.

H.- Finally, to this date, no public official of the Chilean Army, Carabineros de Chile, or any other branch of the Armed Forces and/or Order and Security who served at the time of the events has provided any information to the respective authority in relation to what happened to Sandor Arancibia Valenzuela, Juan Yilorm Martínez, Víctor Hormazábal Rozas, José Daniel Gallardo Saldivia, Rogers Delgado Sáez, Joel Asenjo Ramírez, Luis Díaz Bórquez, Uldaricio Manuel Figueroa Valdivia, Carlos Jaime Bahamondez Hormazábal, Carlos Armando Villarroel Machuca, maintaining to this day the concealment of all types of information regarding the facts mentioned in the preceding paragraphs.

Source: pdju.cl, February 13, 2019

Retired Army and police officers sentenced for unlawful coercion committed in Valdivia

After 50 years, this complicated issue is resolved.

This day, September 28, the sentence against retired Army and police officers for unlawful coercion committed in Valdivia was announced.

The visiting judge for extraordinary human rights violation cases, Álvaro Mesa Latorre, sentenced six retired members of the Army, Carabineros de Chile, and the Investigative Police to 10 years of effective imprisonment.

The above is due to their responsibility in the crime of unlawful coercion committed starting in September 1973 against eight people who were linked to an alleged extermination plan of members of the Armed Forces, called "Plan Z."

The judiciary's website states that "In the ruling (case file 3-2012), in criminal matters, the visiting judge sentenced retired Army Lieutenant Patricio Kellet Oyarzún; the Army's legal advisor in September 1973, Bernardo O'Higgins de las Mercedes Puga Concha; the Carabineros Lieutenant and Corporal, respectively, Rubén Darío Aracena González and Juan Bautista Yáñez Ruiz; the Investigative Police official, Germán Jesús Borneck Matamala; and the soldier who served in the Cazadores regiment of Valdivia, Hernán Soriano Ávila."

"They, at different times and places, inflicted unlawful coercion on: Víctor Hormazábal Rozas, Sandor Arancibia Valenzuela, Uldaricio Manuel Figueroa Valdivia, Joel Asenjo Ramírez, Carlos Jaime Bahamondez Hormazábal, Rogers Delgado Sáez, Juan Yilorm Martínez, José Gallardo Saldivia."

In the civil aspect, the magistrate ordered the State to pay a total sum of $320,000,000 to the victims.

Likewise, the request of the victim Sandor Arancibia Valenzuela to publish the sentence in a local newspaper once it is final and to hold a reparatory act at the seat of the Regional Government was accepted.

Values the measure

Journalist Juan Yilorm Martínez, who in 1973 was director of Radio Camilo Henríquez and a member of the Socialist Party, valued this resolution after 50 years.

"A lot of time has passed since the events that affected a large number of people in this accusation of the false war councils. Subsequently, more than 12 years passed waiting for a sign of truth and justice. We cannot deny that the first-instance ruling brings a little peace of mind," he tells Diario de Valdivia.

Regarding the accusation of having been part of the so-called Plan Z, he indicates that "it was a fantasy created by the military to rally forces and gain support from the citizenry at that time. It was said that we intended to kidnap the wives and children of the military to then call them to surrender."

"That was a slander that was spread and for many it remains present to this day. We were considered as alleged criminals. Knowing this sentence demonstrates an exhaustive work by Minister Mesa and gives us satisfaction because to some extent it repairs the damage suffered, which meant torture, imprisonment, exile, loss of jobs, and consequences to this day," adds Yilorm.

"We appreciate the minister's work; the evidence is irrefutable. Without hatred or resentment, it is appropriate to ask that the sentences be carried out and that those who acted in such a malicious way against their compatriots receive what justice orders today. A memory for all those who are not here, who have not had the joy of knowing a ruling of this nature," he says.

Source: diariodevaldivia.cl, September 28, 2023