The minister for extraordinary cases of human rights violations for the jurisdictions of Temuco, Valdivia, Puerto Montt, and Coyhaique, Álvaro Mesa Latorre, in judgment number 68 on the matter, sentenced the Army lieutenant at the time of the events, Gustavo Eduardo Santibáñez Mangelsdorff, to 12 years of effective imprisonment as the perpetrator of the consummated crime of simple homicide against Reinaldo Patricio Rosas Asenjo, a student and president of the student council of the Liceo de Hombres de Osorno.

The crime was perpetrated in September 1973, in the Rahue Alto sector. In the ruling (case file 25-2011), the visiting minister also applied to the convicted man the legal accessory penalties of absolute perpetual disqualification from public office, employment, and political rights, and absolute disqualification from holding professional titles for the duration of the sentence.

In the civil aspect, Minister Mesa Latorre granted the claim for compensation for damages filed and ordered the state to pay, with costs, a total sum of five hundred and fifty million pesos for moral damages to the victim's mother and siblings.

The facts In his resolution, Minister Álvaro Mesa establishes the following facts: “A.- That on September 12, 1973, during the night and while the curfew was in effect, military personnel from the ‘Arauco’ Regiment No. 4 became aware of an alleged partisan meeting inside the García Hurtado neighborhood, located in the Rahue Alto sector of the city of Osorno, for which the duty personnel were ordered to wear war gear, carry their Mauser rifles, and head to the location in a patrol commanded by Lieutenant Gustavo Eduardo Santibáñez Mangelsdorff, who ordered his men to detain the people gathered and, in case of flight, to shoot them. B.- That upon noticing the military patrol, the unknown individuals began to flee without exercising violence against the military, and that escape was suppressed through gunfire, one of which wounded Reinaldo Patricio Rosas Asenjo, only 17 years old, in the back. The bullet used, a 7.62 caliber war round, passed through the young man's body, opening a 5 cm diameter hole in the pectoral region that caused his death due to acute hemorrhage from visceral rupture. He did not receive timely medical attention, and his death was certified on September 13 of the aforementioned year. C.- That subsequently, the patrol leader reported what happened by radio to his superiors and, without carrying out any procedure to determine if a clandestine meeting actually existed, for example, locating and searching the house where the alleged meeting was taking place or pursuing the other unknown individuals, they left the lifeless body of Rosas Asenjo in the street and returned to the Regiment.”

Source: elciudadano.cl, December 20, 2022

Supreme Court sentenced retired Army officer for the homicide of a high school student in Osorno

The highest court ruled out errors in the challenged sentence, issued by the Court of Appeals of Temuco, which confirmed the first-instance ruling that sentenced the former Army lieutenant Gustavo Enrique Santibáñez Mangelsdorff to a 12-year effective prison term.

The Supreme Court rejected the appeal in cassation filed against the sentence that convicted the retired Army officer for his responsibility in the consummated crime of simple homicide of Reinaldo Patricio Rosas Asenjo, 17 years old and president of the Student Council of the Liceo de Hombres de Osorno at the time of the events.

The crime was perpetrated in September 1973, in said city, reported diarioconstitucional.cl. In the base sentence, the extraordinary visiting minister Álvaro Mesa Latorre established that on September 12, 1973, during the night and while the curfew was in effect, military personnel from the ‘Arauco’ Regiment No. 4 became aware of an alleged partisan meeting inside the García Hurtado neighborhood, located in the Rahue Alto sector of the city of Osorno, for which the duty personnel were ordered to wear war gear, carry their Mauser rifles, and head to the location in a patrol commanded by Lieutenant Gustavo Eduardo Santibáñez Mangelsdorff, who ordered his men to detain the people gathered and, in case of flight, to shoot them. Upon noticing the military patrol, the unknown individuals began to flee without exercising violence against the military, and that escape was suppressed through gunfire, one of which wounded Reinaldo Patricio Rosas Asenjo, only 17 years old, in the back. The bullet used, a 7.62 caliber war round, passed through the young man's body, opening a 5 cm diameter hole in the pectoral region that caused his death due to acute hemorrhage from visceral rupture. He did not receive timely medical attention, and his death was certified on September 13 of the aforementioned year. Subsequently, the patrol leader reported what happened by radio to his superiors and, without carrying out any procedure to determine if a clandestine meeting actually existed, they left the lifeless body of Rosas Asenjo in the street and returned to the Regiment. In the civil sphere, the sentence ordering the state to pay a total compensation of $550,000,000 for moral damages to the victim's mother and siblings was upheld.

Source: elmostrador.cl, September 19, 2024