The Minister on extraordinary assignment for human rights cases of the San Miguel Court of Appeals, Marianela Cifuentes, sentenced 4 former Army officers to life imprisonment for events that occurred between September and October 1973, following the military coup.

In a ruling of more than 800 pages, Judge Marianela Cifuentes established life sentences for former Army officers Jorge Eduardo Romero Campos, Osvaldo Andrés Alonso Magaña Bau, Carlos Walter Kyling Schmidt, and Arturo Guillermo Fernández Rodríguez, as authors of 38 crimes of aggravated kidnapping, which occurred between the months of September and October 1973, following the military coup of September 11 of that same year.

Meanwhile, former members of the military branch José Hugo Vásquez Silva, Carlos del Tránsito Lazo Santibáñez, Juan Dionisio Opazo Vera, Roberto Mauricio Pinto Laborderie, Jorge Segundo Saavedra Meza, Víctor Reinaldo Sandoval Muñoz, and the civilian Juan Guillermo Quintanilla Jerez must serve 20 years in prison.

In the case of the conscript soldier at the time of the events, Raúl Francisco Areyte Valdenegro, the magistrate sentenced him to 15 years in prison as the author of 14 crimes of aggravated kidnapping; and conscript soldier Carlos Enrique Durán Rodríguez to 15 years and one day in prison as the author of 38 crimes of aggravated kidnapping.

Finally, the minister sentenced former Carabineros captain Nelson Iván Bravo Espinoza to 10 years and one day in prison as the author of 2 crimes of aggravated kidnapping.

In civil matters, the state was ordered to pay a total sum of $15,928,000,000 (fifteen billion nine hundred twenty-eight million pesos) to the victims' families.

Among those convicted are also a non-commissioned officer of the institution, a Carabinero, and a civilian, with sentences ranging from 10 to 20 years in prison.

As this is a first-instance ruling, the plaintiffs and the defense may appeal to the San Miguel Court of Appeals, and the case could even reach the Supreme Court.

The events During the investigation phase, the visiting minister established the following facts:

"Regarding the victims José Cabezas Bueno, Francisco Calderón Nilo, Héctor Castro Sáez, Domingo Galaz Salas, José González Espinoza, Juan González Pérez, Aurelio Hidalgo Mella, Bernabé López López, Juan Núñez Vargas, Héctor Pinto Caroca, Hernán Pinto Caroca, Aliro Valdivia Valdivia, Hugo Alfredo Arenas, and Víctor Zamorano González:

1st. That on September 24, 1973, in the afternoon, soldiers from the Second Rifle Company of the San Bernardo Infantry School arrived at the ‘El Escorial’ settlement in the commune of Paine and unlawfully detained Héctor Guillermo Castro Sáez and Juan Bautista Núñez Vargas, among others.

2nd. That, after their detention, Héctor Castro Sáez and Juan Núñez Vargas were transferred to the Cerro Chena prisoner camp of the San Bernardo Infantry School, a place where they were kept illegally imprisoned.

3rd. That, on October 2, 1973, soldiers from the San Bernardo Infantry School arrived at the ‘El Escorial’ settlement in the commune of Paine and unlawfully detained José Ángel Cabezas Bueno, who was immediately transferred to the Cerro Chena prisoner camp.

4th. That, on October 3, 1973, in the early morning, soldiers from the Second Rifle Company of the San Bernardo Infantry School, commanded by Captain Jorge Eduardo Romero Campos, departed from the Cerro Chena prisoner camp, under the charge of Lieutenant Osvaldo Andrés Alonso Magaña Bau and Sub-lieutenants Carlos Walter Kyling Schmidt and Arturo Guillermo Fernández Rodríguez, with the detainees José Ángel Cabezas Bueno, Héctor Guillermo Castro Sáez, and Juan Bautista Núñez Vargas, in a red Dodge truck driven by Juan Guillermo Quintanilla Jerez, headed to the ‘El Escorial’ settlement in the commune of Paine and unlawfully detained Francisco Javier Calderón Nilo, Domingo Octavio Galaz Salas, José Emilio González Espinoza, Juan Rosendo González Pérez, Aurelio Enrique Hidalgo Mella, Bernabé del Carmen López López, Héctor Santiago Pinto Caroca, Hernán Pinto Caroca, Aliro del Carmen Valdivia Valdivia, Hugo Alfredo Vidal Arenas, and Víctor Manuel Zamorano González.

5th. That, subsequently, in the same truck, they transported all the detainees to a ravine in the Cuesta de Chada and executed them, shooting them with the firearms they were carrying, their bodies being found abandoned in the aforementioned place some time later."

Settlements Meanwhile, regarding the victims José Adasme Núñez, Pedro Cabezas Villegas, Ramón Capetillo Mora, José Castro Maldonado, Patricio Duque Orellana, José Fredes García, Luis Gaete Balmaceda, Carlos Gaete López, Luis Lazo Maldonado, Samuel Lazo Maldonado, Carlos Lazo Quinteros, Samuel Lazo Quinteros, René Maureira Gajardo, Rosalindo Herrera Muñoz, Jorge Muñoz Peñaloza, Mario Muñoz Peñaloza, Ramiro Muñoz Peñaloza, Silvestre Muñoz Peñaloza, Carlos Nieto Duarte, Andrés Pereira Salsberg, Laureano Quiroz Pezoa, Roberto Serrano Galaz, Luis Silva Carreño, and Basilio Valenzuela Álvarez, the investigation established the following sequence:

"1st. That, on October 8, 1973, officials from the Paine Carabineros Sub-station arrived at the ‘Campo Lindo’ settlement in the same commune and unlawfully detained Ramón Alfredo Capetillo Mora, who was immediately locked up in the aforementioned police unit.

2nd. That, in the following days, Ramón Capetillo Mora was transferred to the Cerro Chena prisoner camp of the San Bernardo Infantry School.

3rd. That, on October 10, 1973, officials from the Paine Carabineros Sub-station arrived at the ‘24 de Abril’ settlement in the same commune and unlawfully detained Mario Enrique Muñoz Peñaloza, who was immediately locked up in the aforementioned police unit.

4th. That, in the following days, Mario Muñoz Peñaloza was transferred to the Cerro Chena prisoner camp of the San Bernardo Infantry School.

5th. That, at the time of the events, the Paine Carabineros Sub-station was under the charge of Captain Nelson Iván Bravo Espinoza.

6th. That, on October 16, 1973, in the early morning, soldiers from the Second Rifle Company of the San Bernardo Infantry School, commanded by Captain Jorge Eduardo Romero Campos, departed from the Cerro Chena prisoner camp, under the charge of Lieutenant Osvaldo Andrés Alonso Magaña Bau and Sub-lieutenants Carlos Walter Kyling Schmidt and Arturo Guillermo Fernández Rodríguez, with the detainees Ramón Alfredo Capetillo Mora and Mario Enrique Muñoz Peñaloza, in a red Dodge truck driven by Juan Guillermo Quintanilla Jerez, with the objective of detaining twenty-two people in the town of Paine.

Thus, in their respective homes, located in the urban area of the commune of Paine, they unlawfully detained René del Rosario Maureira Gajardo and Andrés Pereira Salsberg. In the ‘24 de Abril’ settlement, they detained Patricio Loreto Duque Orellana, José Germán Fredes García, Carlos Enrique Gaete López, Rosalindo Delfín Herrera Muñoz, Jorge Hernán Muñoz Peñaloza, Ramiro Antonio Muñoz Peñaloza, Silvestre René Muñoz Peñaloza, Carlos Alberto Nieto Duarte, Laureano Quiroz Pezoa, Luis Ramón Silva Carreño, and Basilio Antonio Valenzuela Álvarez.

In the ‘Nuevo Sendero’ settlement, they detained José Domingo Adasme Núñez, José Ignacio Castro Maldonado, Luis Alberto Gaete Balmaceda, Luis Rodolfo Lazo Maldonado, Samuel del Tránsito Lazo Maldonado, Carlos Enrique Lazo Quinteros, and Samuel Altamiro Lazo Quinteros and, finally, in the ‘El Tránsito’ settlement, they detained Pedro Antonio Cabezas Villegas and Roberto Esteban Serrano Galaz.

7th. That, subsequently, the aforementioned detainees were transported to the Los Arrayanes ravine, in the Los Quillayes sector, in the vicinity of Lake Rapel, where they were executed by firing squad by the aforementioned soldiers and the civilian who accompanied them, who immediately buried their bodies at the same site, with only bone and dental fragments of eleven of the twenty-four victims being found years later, because their bodies were removed and moved to an unknown location to this date."

Source: paislobo.cl, November 6, 2019

The San Miguel Court of Appeals reduced the sentences to be served by 13 retired members of the Army for their responsibility in the crime of aggravated homicide of 38 peasants from settlements in the commune of Paine, executed at the Cuesta Chada and the Los Quillayes ravine in 1973.

In the judgment (case file 3.221-2019), the Fourth Chamber of the appellate court—composed of ministers Diego Simpértigue, Ana Cinfuegos, and Dora Mondaca—reclassified the aggravated kidnappings as aggravated homicides and reduced the criminal sanction to be served by the convicted Jorge Romero Campos, Osvaldo Magaña Bau, and Juan Quintanilla Jerez to 15 years in prison, as authors of the crimes.

Meanwhile, Carlos Kyling Schmidt and Arturo Fernández Rodríguez were sentenced to 10 years in prison; and José Vásquez Silva, Carlos Lazo Santibáñez, Juan Opazo Vera, Rodrigo Pinto Labordarie, Jorge Saavedra Mesa, Víctor Sandoval Muñoz, Carlos Durán Rodríguez, and Raúl Areyte Valdenegro must serve 5 years and one day in prison.

In the case of former Carabineros officer Nelson Iván Bravo Espinoza, he was sentenced to 5 years in prison, with the benefit of intensive supervised release for the same period, as the author of two crimes of simple kidnapping.

"Regarding the legal classification, it should be noted that although the Tribunal's indictment indicates that crimes of aggravated kidnapping were committed, at the date the events investigated in this case were committed, said typical figure, contained in article 141 of the Penal Code, could not be configured, since the victims, as established in the thirteenth and thirty-first considerations, were detained and subsequently executed by the perpetrators," the ruling states.

The resolution adds that: "Moreover, in the ninth consideration, a list of the death certificates of José Ángel Cabezas Bueno (page 2,759), Francisco Javier Calderón Nilo (pages 2,721 and 30,258), Héctor Guillermo Castro Sáez (page 22,144), Domingo Octavio Galaz Salas (page 17,430), José Emilio González Espinoza (page 17,431), Juan Rosendo González Pérez (page 2,752), Aurelio Enrique Hidalgo Mella (page 17,432), Bernabé del Carmen López López (pages 2 and 981), Juan Bautista Núñez Vargas (page 2,755), Héctor Santiago Pinto Caroca (page 2,754), Hernán Pinto Caroca (page 2,720), Aliro del Carmen Valdivia Valdivia (page 30,259), Hugo Alfredo Vidal Arenas (page 17,433), and Víctor Manuel Zamorano González (page 22,153) is provided. And regarding the victims who will be mentioned in the thirty-first motive, it was also established that they were executed, and in some cases, the respective death certificate is also attached: José Domingo Adasme Núñez, Pedro Antonio Cabezas Villegas, Ramón Alfredo Capetillo Mora (page 16,123), José Ignacio Castro Maldonado (page 30,261), Patricio Loreto Duque Orellana, José Germán Fredes García, Luis Alberto Gaete Balmaceda (page 30,262), Carlos Enrique Gaete López (page 15,322), Rosalindo Delfín Herrera Muñoz (page 15,330), Luis Rodolfo Lazo Maldonado, Samuel del Tránsito Lazo Maldonado (page 30,263), Carlos Enrique Lazo Quinteros (page 30,264), Samuel Altamiro Lazo Quinteros, René del Rosario Maureira Gajardo, Jorge Hernán Muñoz Peñaloza, Mario Enrique Muñoz Peñaloza (page 30,265), Ramiro Antonio Muñoz Peñaloza, Silvestre René Muñoz Peñaloza (page 15,334), Carlos Alberto Nieto Duarte, Andrés Pereira Salsberg (page 15,443), Laureano Quiroz Pezoa, Roberto Estevan Serrano Galaz, Luis Silva Carreño (page 30,266), and Basilio Antonio Valenzuela Álvarez."

"That—it continues—in effect, article 141, final paragraph, of the Penal Code, in force at the time the events occurred, provided that 'If the confinement or detention lasts for more than ninety days, or if it results in serious damage to the person or interests of the confined or detained person, the penalty shall be major imprisonment in any of its degrees,' so it did not contemplate the figure of kidnapping causing the death of the victim.

Therefore, the facts do not correspond to the figure of aggravated kidnapping, but, in this way, without altering the facts contained in the indictment, nor those established in the first-instance judgment, the illicit act that was committed was that of aggravated homicide, regarding which treachery was involved, contemplated in article 391 of the Penal Code, No. 1, first circumstance, in force on September 14, 1973.

Said rule provided that 'He who kills another and is not included in the previous article, shall be punished: 1.- With major imprisonment in its medium degree to life imprisonment, if he executes the homicide with any of the following circumstances: First: Treachery'."

For the San Miguel Court: "(...) in any case, it is not superfluous to express that, in accordance with the established facts, although we could be in the presence of some figure of kidnapping and/or illegitimate coercion, according to the principle of consumption, the illicit conducts committed as antecedents, means, stages of development, or consequences, must be considered absorbed by the aggravated homicide, since it is a figure of greater harm due to affecting the legal good of the right to life.

For these reasons, aggravated homicide subsumes the other criminal figures that could concur in the present case."

"That, now, regarding the concurrence of the first circumstance of No. 1 of article 391 of the Penal Code, that is, treachery, the respective requirements concur in the present case, so it is concluded that the aggravated homicide was committed with this qualifying circumstance.

Indeed, the victims were detained by a group of soldiers, being led in absolute defenselessness to sectors where no other people were found and were executed by a group of riflemen, members of the Chilean Army, under the command of Lieutenant Osvaldo Andrés Alonso Magaña Bau.

In this way, the objective and subjective requirements that make the aforementioned circumstance applicable concur, since the agents acted safely, pursuing impunity and the defenselessness of the victims, and, prior to the illegitimate act, there exists an intellectual pre-ordination of means with the purpose of ensuring the result and avoiding the risks of a defense."

"That, for its part, the prosecution evidence referred to in the appealed judgment allows for the participation of Jorge Eduardo Romero Campos, Osvaldo Andrés Alonso Magaña Bau, Carlos Walkter Kyling Schmidt, Arturo Guillermo Fernández Rodríguez, José Hugo Vásquez Silva, Carlos Enrique Durán Rodríguez, Carlos del Tránsito Lazo Santibáñez, Juan Dionisio Opazo Vera, Roberto Mauricio Pinto Laborderie, Jorge Segundo Saavedra Meza, Víctor Reinaldo Sandoval Muñoz, Juan Guillermo Quintanilla Jerez, and Raúl Francisco Areyta Valdenegro to be considered proven, as authors of the crimes of aggravated homicide of José Ángel Cabezas Bueno, Francisco Javier Calderón Nilo, Héctor Guillermo Castro Sáez, Domingo Octavio Galaz Salas, José Emilio González Espinoza, Juan Rosendo González Pérez, Aurelio Enrique Hidalgo Mella, Bernabé del Carmen López López, Juan Bautista Núñez Vargas, Héctor Santiago Pinto Caroca, Hernán Pinto Caroca, Aliro del Carmen Valdivia Valdivia, Hugo Alfredo Vidal Arenas, Víctor Manuel Zamorano González, Domingo Adasme Núñez, Pedro Antonio Cabezas Villegas, Ramón Alfredo Capetillo Mora, José Ignacio Castro Maldonado, Patricio Loreto Duque Orellana, José Germán Fredes García, Luis Alberto Gaete Balmaceda, Carlos Enrique Gaete López, Rosalindo Delfín Herrera Muñoz, Luis Rodolfo Lazo Maldonado, Samuel del Tránsito Lazo Maldonado, Carlos Enrique Lazo Quinteros, Samuel Altamiro Lazo Quinteros, René del Rosario Maureira Gajardo, Jorge Hernán Muñoz Peñaloza, Mario Enrique Muñoz Peñaloza, Ramiro Antonio Muñoz Peñaloza, Silvestre René Muñoz Peñaloza, Carlos Alberto Nieto Duarte, Andrés Pereira Salsberg, Laureano Quiroz Pezoa, Roberto Estevan Serrano Galaz, Luis Silva Carreño, and Basilio Antonio Valenzuela Álvarez."

Decision adopted with the dissenting vote of Minister Simpértigue, regarding the application of the partial prescription alleged in the case.

Source: adprensa.cl, November 11, 2020

Minister Marianela Cifuentes sentences military personnel for the aggravated kidnapping of three peasants from Paine

The minister on extraordinary assignment for human rights cases of the San Miguel Court of Appeals, Marianela Cifuentes, issued a first-instance sentence in the case investigating the aggravated kidnapping of agricultural workers Manuel Ortiz Ortiz (18) and Juan Guillermo Cuadra Espinoza (26), and the abduction of the minor Ignacio del Transito Santander Albornoz (17), events that occurred between September 24 and October 2, 1973, in the El Escorial sector, in Paine, commune of San Bernardo.

In this way, the magistrate sentenced Jorge Eduardo Romero Campos, Alfonso Faúndez Norambuena, Carlos Walter Kyling Schmidt, and José Hugo Vázquez Silva to 15 years and one day of major imprisonment in its maximum degree, as authors of the aggravated kidnapping of Manuel Ortiz and the abduction of the minor.

Meanwhile, Escipón Pedro Cesar Escobar Norambuena was sentenced to 10 years of major imprisonment in its medium degree for said crimes. And she acquitted Roberto Rozas Aguilera.

For their part, Sergio Ávila Quiroga and Jorge Reyes Cortés were sentenced to 15 years and one day as authors of the aggravated kidnapping of Ortiz and Guillermo Cuadra Espinoza; as well as for the abduction of the minor Tránsito Santander. And a sentence of 10 years and one day for Carlos Durán Rodríguez, Carlos del Tránsito Lazo Santibáñez, Jorge Saavedra Meza, and Víctor Sandoval Muñoz.

All those convicted were members of the Army, soldiers of the Second Rifle Company of the San Bernardo Infantry School. The sub-lieutenant of said military unit, retired Army Colonel Andrés Magaña Bau, passed away during the investigation, in July 2021.

Lawyer Nelson Caucoto, a plaintiff in the case, valued the resolution and indicated that "this case refers to the martyrdom of 3 young Chileans against whom the military acted with cruelty. They are symbols of the brutality unleashed in Paine by the Dictatorship."

Caucoto, along with valuing the resolution, highlighted the work carried out by the magistrate: "The task of the Minister on Assignment Marianela Cifuentes is commendable and vindicates judicial activity.

The families of the peasants of Paine cry out to heaven for justice for all their victims, and with this ruling, a transcendent step is taken in that immense task, which has not yet concluded, but advances without faltering."

The events

According to the background information collected by the minister, it has been established:

a) That, on September 24, 1973, in the El Escorial sector of Paine, soldiers of the Second Rifle Company of the San Bernardo Infantry School, commanded by Captain Jorge Romero Campos, under the charge of Sub-lieutenant Osvaldo Andrés Magaña Bau, unlawfully detained Juan Guillermo Cuadra Espinoza and Ignacio del Tránsito Santander Albornoz, among others.

b) That, after their detention, Cuadra Espinoza and Santander Albornoz were transferred to the Prisoner Camp that the San Bernardo Infantry School maintained inside Cerro Chena, under the charge of Lieutenant Alfonso Faúndez Norambuena, a place where Sub-lieutenant Carlos Walter Kyling Schmidt also worked, along with personnel from the Investigations and Carabineros, among them, Mario Jesús Campos Ripley, Oscar Hernán Vergara Cruces, Roberto Arcángel Rozas Aguilera, and Sergio Heriberto Ávila Quiroga, where they were kept locked up.

c) That, subsequently, on October 2, 1973, in the El Escorial sector of Paine, soldiers of the Second Rifle Company of the San Bernardo Infantry School, commanded by Captain Jorge Romero Campos, under the charge of Sub-lieutenant Osvaldo Andrés Magaña Bau, unlawfully detained Carlos Manuel Ortiz Ortiz.

d) That, likewise after his detention, Ortiz Ortiz was transferred to the aforementioned Prisoner Camp, under the charge of Lieutenant Alfonso Faúndez Norambuena, a place where he was kept locked up, unlawfully.

e) That, finally, and inside the aforementioned place, Juan Guillermo Cuadra Espinoza and Carlos Manuel Ortiz Ortiz were executed by firing squad on October 5 and 6, 1973, respectively, with the whereabouts of Ignacio del Tránsito Santander Albornoz remaining unknown to this date.

by Daniela Caucoto T.

Source: piensachile.com, February 8, 2022

San Miguel Court sentences nine military personnel for abduction of minors and kidnapping in Paine case

The victims were 17, 18, and 26 years old. They were kidnapped and then executed by firing squad, but the body of the youngest of all was never found. The former uniformed personnel received sentences ranging from 10 years and one day to 15 years and one day.

The Fourth Chamber of the San Miguel Court of Appeals issued a second-instance ruling in the so-called Paine case, Escorial Cerro Chena episode, which investigates the crimes committed against Juan Guillermo Cuadra Espinoza (26 years old, agricultural worker), Ignacio Santander Albornoz (17 years old, high school student), and Carlos Manuel Ortiz Ortiz (18 years old, agricultural worker), which occurred between September and October 1973 at the hands of soldiers assigned to the Second Rifle Company of the San Bernardo Infantry School.

Ministers María Soledad Espina Otero, María Alejandra Pizarro Soto, and Celia Catalán Romero confirmed the sentences against Jorge Eduardo Romero Campos, Alfonso Faúndez Norambuena, José Hugo Vásquez Silva, and Jorge Fernando Reyes Cortés, of 15 years and one day of major imprisonment in its maximum degree; and against Escipión Pedro Escobar Norambuena, Carlos Enrique Durán Rodríguez, Carlos del Tránsito Lazo Santibáñez, Jorge Segundo Saavedra Meza, and Víctor Reinaldo Sandoval Muñoz, of 10 years and one day of major imprisonment in its medium degree, all as authors of aggravated abduction of a minor regarding Ignacio Santander Albornoz and of aggravated kidnapping in the case of Juan Guillermo Cuadra Espinoza and Carlos Manuel Ortiz.

According to the investigation of the case, the three victims were detained from their homes and transferred to the military unit, where they were executed by firing squad on October 5 and 6, 1973. The bodies of Cuadra Espinoza and Ortiz Ortiz were transferred to the Legal Medical Service and then buried in Patio 29 of the General Cemetery.

Meanwhile, to date, the whereabouts of the body of the minor Ignacio del Tránsito Santander Albornoz remain unknown.

"That the sentences of these criminals have been confirmed is a relief for the families of the victims, who have waited for justice with such effort and patience. The three victims were very young, they had their whole lives ahead of them, and it will never be understood why they were treated in this way.

We are satisfied with this good news regarding the last case of the Paine case that was pending before the Court of Appeals of San Miguel, and we hope that the criteria expressed in the ruling will be maintained if the case goes to the Supreme Court," points out lawyer Andrea Gattini, of the Caucoto Abogados Law Firm, a plaintiff in the case.

Last June, relatives of the forcibly disappeared and executed of Paine requested the president of the Supreme Court to speed up the processing of the cases still pending from the different episodes of the Paine case, on the verge of the 50th anniversary of the events that brought mourning to that town, this being the last case that remained in the second instance.

Currently, all pending episodes of said case are awaiting resolution by the Supreme Court.

Source: elmostrador.cl, October 6, 2023