Minister Marianela Cifuentes sentences retired Carabineros for kidnapping and qualified homicide of a La Granja resident.

In the resolution, the magistrate sentenced Héctor Fernando Osses Yáñez to 13 years in prison as the perpetrator of qualified homicide and to 541 days in prison for simple kidnapping. The minister on extraordinary assignment for human rights violation cases at the San Miguel Court of Appeals, Marianela Cifuentes Alarcón, sentenced 3 retired members of the Carabineros for the simple kidnapping and qualified homicide of Joaquín Segundo Montecinos Rojas, events that occurred between October 8 and 11, 1973, in the commune of La Granja.

In the resolution -30-2009- the magistrate sentenced Héctor Fernando Osses Yáñez to 13 years in prison as the perpetrator of qualified homicide and to 541 days in prison for simple kidnapping; Aquiles Bustamante Oliva to a sentence of 12 years as the perpetrator of qualified homicide and 541 days in prison for simple kidnapping; and Segundo Baldomero Llanos Amariles to a sentence of 2 years in prison as an accomplice to qualified homicide and 20 days as an accomplice to simple kidnapping, for whom the benefit of conditional remission was granted.

During the investigation stage, the visiting minister was able to establish the following facts: 1° That on October 8, 1973, while Joaquín Segundo Montecinos Rojas was at the property located at Calle La Granja No. 8.450 in the Población San Ramón, commune of La Granja, he was detained, without legal basis, by a patrol of Carabineros assigned to the La Granja Sub-precinct, composed of 2nd Sergeant Armando Sáez Pérez –deceased– and Carabinero Segundo Baldomero Llanos Amariles, among others. 2° That, immediately thereafter, Joaquín Montecinos Rojas, instead of being placed at the disposal of the corresponding police or administrative authority, was transported by the aforementioned police officers to a crossroads in the Cerrillos sector, where some of them fired upon him, abandoning him on the public thoroughfare. 3° That the victim's body was found on October 11, 1973, at 06:00 hours, in the Cerrillos sector, at which time his death was confirmed. 4° That, at that time, the La Granja Carabineros Sub-precinct was under the command of Captain Héctor Fernando Osses Yáñez and Lieutenant Aquiles Bustamante Oliva.

Source: diarioconstitucional.cl, October 24, 2018

Minister Marianela Cifuentes sentences retired Carabineros for qualified homicide and simple kidnapping in La Granja.

In the first ruling, Minister Cifuentes sentenced former officers Héctor Fernando Osses Yáñez and Aquiles Bustamante Oliva to 3 years in prison as perpetrators of the crime of simple kidnapping. The minister on extraordinary assignment for human rights violation cases at the San Miguel Court of Appeals, Marianela Cifuentes Alarcón, issued separate sentencing rulings against retired members of the Carabineros for their responsibility in the crimes of qualified homicide and simple kidnapping, illicit acts perpetrated in October 1973 in the commune of La Granja.

In the first ruling (case file 118-2011), Minister Cifuentes sentenced former officers Héctor Fernando Osses Yáñez and Aquiles Bustamante Oliva to 3 years in prison as perpetrators of the crime of simple kidnapping, and to 12 years in prison as perpetrators of the crime of qualified homicide; meanwhile, retired Carabinero Julio César Yáñez Illanes was sentenced to 5 years and one day in prison as the perpetrator of the crime of qualified homicide.

During the investigation stage of the case, the visiting minister was able to establish the following facts: 1° That on the night of October 10, 1973, while Juan Jorge Gallardo Núñez, 19 years of age, was at his home located at Avenida Sur No. 0460 in the Población San Gregorio, in the company of his father Juan Gallardo Mora, his stepmother María Agustina Ferrada Quilodrán, and his brother Claudio Enrique Gallardo Ferrada, he was detained, without legal basis, by police officers assigned to the La Granja Carabineros Sub-precinct. 2° That, at that time, the La Granja Carabineros Sub-precinct was under the command of Captain Héctor Fernando Osses Yáñez and Lieutenant Aquiles Bustamante Oliva. 3° That, subsequently, when the victim's mother went to the La Granja Carabineros Sub-precinct to request information regarding his situation, she was informed that he had been handed over to a military patrol, which was not true, as he had been executed on the public thoroughfare in the Lo Valledor sector by a gunshot wound to the thorax, by a Carabineros patrol from the aforementioned police unit, composed of, among others, 2nd Sergeant Armando Sáez Pérez –deceased– and Carabineros Desiderio Armando Arroyo Cabezas –deceased–, Maximiliano del Carmen Avendaño Herrera –deceased–, Fernando Enrique Valenzuela Rebolledo –deceased–, and Julio César Yáñez Illanes. In the second case (case file 92-2011), the minister sentenced Héctor Fernando Osses Yáñez and Aquiles Bustamante Oliva to 3 years in prison, with the benefit of conditional remission of the sentence, as perpetrators of the crime of simple kidnapping. During the investigation stage of the case, the visiting minister was able to establish the following facts: 1° That on the afternoon of October 19, 1973, in the vicinity of the intersection of Avenida Santa Rosa and Calle Bolivia in the commune of La Granja, Pedro David Otárola Sepúlveda was detained, without legal basis, along with five other people, by 2nd Sergeant Temístocles Vergara Espinoza and personnel under his command, all assigned to the La Granja Carabineros Sub-precinct, and was subsequently transported to the aforementioned police unit. 2° That, at that time, the La Granja Carabineros Sub-precinct was under the command of Captain Héctor Fernando Osses Yáñez and Lieutenant Aquiles Bustamante Oliva. 3° That, starting on October 19, 1973, Pedro Otárola Sepúlveda was kept illegally and arbitrarily locked in a cell at the La Granja Carabineros Sub-precinct. 4° That while Pedro Otárola Sepúlveda was locked in the aforementioned police unit, false information regarding his situation was given to his relatives, and the truth was falsified in the guard log, stating that he had been released on October 20, 1973, at 06:35 hours. 5° That, in the early hours of October 21, 1973, Pedro Otárola Sepúlveda, instead of being placed at the disposal of the competent judicial or administrative authority, was taken to a vacant lot on Camino El Mariscal for the purpose of executing him.

Source: diarioconstitucional.cl, April 18, 2019

Court ratifies sentences against retired Carabineros for the crime of three residents of the Población San Gregorio during the repression following the 1973 coup

"This ratifying ruling brings justice to one of the most forgotten episodes of the dictatorship, such as the massacres by Carabineros in the neighborhoods of Santiago, in this case one of the most treacherous crimes committed against residents of the San Gregorio," stated plaintiff attorney Pablo Fuenzalida, of the law firm Caucoto Abogados, following the resolution of the Third Chamber of the San Miguel Court of Appeals that confirmed the ruling of magistrate Marianela Cifuentes.

The Third Chamber of the San Miguel Court of Appeals confirmed the sentences and convicted two retired Carabineros officers for the kidnapping of Mario Candia, Luis Muñoz, and Luis Villarroel, residents of the Población San Gregorio, commune of La Granja, an event that occurred on October 2, 1973.

In this way, the Chamber, composed of ministers María Soledad Espina, Marcelo Ovalle (s), and acting attorney Carlos Castro, confirmed the resolution of magistrate Marianela Cifuentes in May 2020 and sentenced the former uniformed officers Héctor Osses Yáñez and Aquiles Bustamante to sentences of 16 and 15 years, respectively, as perpetrators of the crime of qualified kidnapping of the three victims. "This ratifying ruling brings justice to one of the most forgotten episodes of the dictatorship, such as the massacres by Carabineros in the neighborhoods of Santiago, in this case one of the most treacherous crimes committed against residents of the San Gregorio," stated plaintiff attorney Pablo Fuenzalida, of the law firm Caucoto Abogados. The professional added that "although it was almost 48 years later, these exemplary sentences of 16 and 15 years for the heads of the sector's precinct bring peace to the relatives and also bring some justice, albeit late, to the enormous abuses and human rights violations that occurred in the days following the Coup d'État." The facts According to the investigation conducted by minister Marianela Cifuentes, it was established that "on the afternoon of October 2, 1973, Mario Ángel Candia Acevedo, Luis Humberto Muñoz Aguayo, and Luis Antonio Villarroel Rivera were detained, without legal basis, in the Población San Gregorio of the commune of La Granja, by police officers assigned to the La Granja Carabineros Sub-precinct, among them 2nd Sergeant Armando Sáez Pérez, nicknamed 'el manchado' (the stained one), currently deceased." "That, immediately thereafter, the detainees were transported to the aforementioned police unit, which, at that time, was under the command of Captain Héctor Fernando Osses Yáñez and Lieutenant Aquiles Bustamante Oliva, where they were kept locked up, without legal basis." "That, instead of being placed at the disposal of the competent court, the detainees were executed by means of firearm shots," the investigation adds. "That Mario Ángel Candia Acevedo died as a result of a thoracic wound, caused by the passage of a ballistic projectile that entered through the right scapular region, damaged the right lung in its trajectory, partially severed the aorta, and exited through the 1st left intercostal space," the resolution establishes. In the case of Luis Humberto Muñoz Aguayo, the investigation indicates that "he died as a result of an abdominal wound, caused by the passage of a ballistic projectile that entered the left iliac fossa, perforated the colon and the right iliac artery, and exited through the right iliac bone." "That, finally, Luis Antonio Villarroel Rivera died as a result of three thoracic wounds, caused by the passage of ballistic projectiles that entered through the posterior thorax, perforated both lungs and the aorta, causing a hemothorax and acute anemia," the resolution concludes.

Source: elmostrador.cl, July 28, 2021