On September 20, seven people were arrested at their respective homes by a patrol of civilians and Carabineros officers:

Desiderio AGUILERA SOLIS, 42 years old, agricultural worker.

Miguel CUEVAS PINCHEIRA, 41 years old, shoemaker and militant of the Partido Socialista.

José Mariano GODOY ACUÑA, 25 years old, agricultural worker and leader of the union at the Fundo El Huache settlement.

José Domingo GODOY ACUÑA, 20 years old, agricultural worker and leader of the settlement's union.

José Nazario GODOY ACUÑA, 22 years old, agricultural worker and leader of the settlement's union.

Julio César GODOY GODOY, 56 years old, agricultural worker and member of the settlement's union.

Manuel SALAMANCA MELLA, 38 years old, livestock trader.

At the Santa Bárbara Carabineros unit, family members were informed that the detainees had been transferred to the Los Angeles Regiment. According to statements provided to this Commission, the detainees were killed and thrown into the waters of the Bío Bío River from the bridge that crosses Quilaco. However, since their arrest, their whereabouts and fate remain unknown.

In direct relation to these events and following complaints from the families, a judicial process was initiated before the Military Prosecutor's Office of Los Angeles, case file 25 73. In this case, it was established that in the days following September 11, 1973, a "patrol" operated in Santa Bárbara, formed by Carabineros from Santa Bárbara and civilians called upon to collaborate with the police forces.

This force was referred to as "voluntary collaboration with Carabineros de Chile." The Prosecutor's Office ultimately sentenced the defendants to 180 days of minor imprisonment in its minimum degree for one, as the perpetrator of the crime of carrying a firearm without a permit and conducting legal acts regarding said weapons without competent authorization; and to 61 days of minor imprisonment in its minimum degree for the other, as the perpetrator of the crime of illegal carrying of a firearm, without remission of the sentence.

On May 18, 1979, the Commander-in-Chief of the III Division of the Ejército definitively dismissed the charges against the defendants. The Military Prosecutor's Office did not issue a ruling regarding the disappearance of the individuals.

The Commission, based on the aforementioned background, the collective nature of the situation, what is inferred from the mentioned judicial process, and the repeated occurrence of similar cases in the province, has formed the conviction that in the disappearance and probable death of these seven people, there was a grave violation of human rights for which State agents and the civilians who acted in conjunction with them are responsible.

On September 20, 1973, at various times, a group of agricultural workers from the El Huache estate in the commune of Santa Bárbara were detained. The victims, all relatives of one another, were:

• Julio César Godoy Godoy, 52 years old, who was detained at approximately 12:30 hours that day at his workplace on the El Huache estate; he was threatened with gunfire in order to intimidate him, then beaten and forced into one of the vehicles. His son, Segundo Godoy Godoy, was a witness to these events.

• Desiderio Aguilera Solís, 42 years old, was detained immediately after his relative Julio César Godoy, at approximately 13:00 hours, a short distance from the first, while he was working on the estate. The procedure was similar, in that members of the commando unit also fired into the air, beat him, and forced him into one of the pickup trucks.

• José Domingo Godoy Acuña, 21 years old, who worked as a tractor driver at the settlement on the same estate. At 14:00 hours, while he was eating lunch at his home located within the estate, a group of civilians and Carabineros arrived. In the presence of his mother, with whom he lived, they abused and violently beat him before forcing him into the vehicle in which they took him away. When his mother protested what was happening, they beat her and shoved her into the kitchen of the house, locking her inside.

• José Nazario Godoy Acuña, 22 years old, also a worker on the estate. He was detained at 16:00 hours on the road from Santa Bárbara to the El Huache estate, while returning from town on a tractor from the same settlement, which was being driven by his nephew Alberto Aguilera Godoy—son of Desiderio Aguilera Solís. The members of the commando unit stopped their vehicles in front of the tractor and forced him to get down. As he did so, they struck him in the forehead with the butt of a firearm, then tied his hands and forced him into one of the pickup trucks along with his nephew Alberto (who was released about three blocks from the scene, after they stole the money he was carrying).

• José Mariano Godoy Acuña, 26 years old, detained at 23:00 hours on the same day at the boarding house of Mrs. María Riquelme, located on Calle Rosas in Santa Bárbara, while he was lying in the room he occupied when staying in town. He was taken from the place by the Barrueto brothers, well-known farmers in the area and owners of the El Huache estate, who took him immediately to the Santa Bárbara Carabinero Station (money and bank documents disappeared from his room).

• Manuel Salamanca Mella, 38 years old, was detained at his home located at Av. La Feria s/n in Santa Bárbara, at approximately 23:30 hours. At that moment, the Barrueto brothers entered violently, while the Carabinero Heraldo Pulgar remained at the door. Manuel Barrueto went to the bed where the victim was lying and struck him on the head with the butt of his weapon, causing various wounds. His spouse, Mrs. Jacinta Godoy Acuña, tried to prevent the violence unleashed against her husband, receiving a heavy blow from the butt of a weapon from Manuel Barrueto, a blow that caused her to lose consciousness, such that she did not know the moment they took her husband or in what direction. She later learned that he had been taken to the Station that same night.

The group called itself the "Volunteer Collaboration Force with the Carabineros of Chile" and was created on September 19, 1973, by the Chief of the Santa Bárbara Precinct, Lieutenant Plante Euclides Aravena, "with the purpose of searching for extremists in the El Huache sector," as the officer himself stated in the Military Justice proceedings.

The aforementioned estate had been expropriated from the father of the Barrueto brothers during the Agrarian Reform process carried out between 1970 and 1973. For this task, a commando unit was formed, composed of Carabineros Heraldo Pulgar Riquelme and José Godoy Godoy—both from the Santa Bárbara Station staff—and civilians Jorge Domínguez, his son Jorge Domínguez Larenas, the brothers Manuel and Ricardo Barrueto—owners of the El Huache estate—Simón Mena Manosalva (later an official of the Social Security Service in the town of Santa Bárbara), Sergio Amado Fuentes Valenzuela, and Jorge Eduardo Valdivia Dahme. Wearing field uniforms similar to those of the Army and carrying various types of weapons, they carried out an operation on the El Huache estate and in Santa Bárbara.

The members of this force traveled in a light green pickup truck belonging to Manuel Barrueto, another yellow one belonging to José Domínguez (father), and a third green and yellow one, property of the Municipality of Santa Bárbara.

Additionally, during the operation carried out that day, Jovino Aguilera Solís, Taco Verdugo Salamanca, and Emiliano Aguilera Godoy were detained; they were released on September 21 by their captors after a day of captivity, while the rest of the detainees remained at the police facility.

According to witness statements before the Truth and Reconciliation Commission, the detainees were likely executed that same night and thrown into the waters of the Bío Bío River from the bridge that crosses Quilaco. However, neither their deaths nor their detentions have ever been officially acknowledged, and the 6 peasants remain forcibly disappeared to this day.

JUDICIAL AND/OR ADMINISTRATIVE ACTIONS

On May 27, 1975, a Writ of Amparo (Habeas Corpus) was filed before the Court of Appeals of Concepción, case file 3443, on behalf of Julio César Godoy, Desiderio Aguilera Solís, Domingo Godoy Acuña, Nazario Godoy Acuña, Mariano Godoy Acuña, and Manuel Salamanca Mella.

A collective Writ of Amparo was filed, considering the family relationship of the victims and the connection of the repressive situation. The Court declared the writ filed on May 28, 1975, also requesting reports from various authorities in the Region.

On June 2, 1975, the Santa Bárbara Precinct informed the Court that it had no record of the detentions of the individuals under protection. By June 11, and with the Regional Intendant still not having reported, the Court ordered the request to be reiterated.

This situation had to be repeated again on June 21, 1975. On July 1, the Brigadier General and Intendant of the VIII Region, Nilo Floddy Buxton, replied that the detention of the persons inquired about was not ordered by him, adding that he had no information regarding the reported situation.

On July 5, 1975, the Undersecretary of the Interior, Enrique Montero Marx, reported having no information regarding the detentions reported in the Writ of Amparo case file 3443. On July 8, 1975, the Court, based on the information received, considered that the detention of the victims was not proven, therefore the amparo was rejected, and it ordered the Criminal Judge on duty to initiate a summary proceeding for the alleged disappearance of the agricultural workers of the El Huache estate.

That resolution was appealed on July 9, upon which the records were elevated to the Supreme Court, which ordered the Military Prosecutor's Office of Bío Bío to remit case file 25-73, filed against Ricardo Barrueto and others, initiated for the disappearance of the victims and illegal possession of weapons.

On July 21, 1975, having the records in view, the Supreme Court confirmed the appealed resolution of the Court of Appeals of Concepción.

In the 2nd Criminal Court, a process was initiated for the alleged disappearance of the victims, case file 16.878. On March 15, 1976, the Judge declared himself incompetent, remitting the records to the Military Prosecutor's Office of Los Angeles.

On January 3, 1975, by resolution of the Military Judge of the III Army Division, it was ordered to initiate in the Military Prosecutor's Office of Los Angeles case file 25-73 against Ricardo Barrueto Bartning, Manuel Darío Barrueto Bartning, Sergio Amado Fuentes Valenzuela, and Jorge Eduardo Valdivia Dames, for their responsibility in the disappearance of the victims and, additionally, for being accused of violating Law No. 17.798 on arms control.

The Carabinero Major Aroldo Solari reported in the process that Manuel Darío Barrueto Bartning "as of September 19, 1973, became part of the Volunteer Collaboration Force with the Carabineros of Chile, and therefore carries weapons." Additionally, the Garrison Commander reported the weapons registered in the names of Manuel and Ricardo Barrueto.

The Prosecutor convened a War Council to judge the accused. On February 12, 1976, Ricardo Barrueto, Manuel Barrueto, Jorge Valdivia, and Sergio Fuentes were declared guilty of the crime of carrying firearms without a competent permit.

It was also established that the Chief of the Santa Bárbara Precinct, Lieutenant Plante Euclides Aravena Sáez, effectively organized a patrol formed by 2nd Sergeant Mario Sáez, Corporal Daniel Torres González, and Carabineros José Godoy Godoy, Heraldo Sáez Alvarez, and Hugo Sepúlveda Alvarez, together with the aforementioned civilians, all prosecuted for forming said group; therefore, as they were requested to collaborate by a police authority, they were exempt from criminal responsibility.

The Military Tribunal did not accept the request to reduce the responsibilities of the accused due to their clean criminal records, as it considered their moral conduct to be reprehensible. For the reasons stated and other records in the process, the War Council sentenced the defendant Luis Enrique Ricardo Antonio Barrueto Bartning to the penalty of one hundred and eighty days of minor imprisonment.

And, the defendant Manuel Darío Barrueto Bartning, to the penalty of sixty-one days of minor imprisonment in its minimum degree. Regarding the defendants Valdivia and Fuentes, notwithstanding that they recognized in the tribunal that they did not have a permit to carry weapons, although they affirmed that they did so upon the call of Lieutenant Aravena to collaborate with the Carabineros in the "select group of citizens of that locality" and, additionally, that the Lieutenant himself affirmed that the civilians carried weapons with his authorization, under his command, and organized according to superior instructions, the ruling of the Military Justice indicates that they must be acquitted, as the participation they had "lacks any criminal intent." On May 18, 1979, the Commander-in-Chief of the III Army Division, Brigadier General Rigoberto Rubio Ramírez, Judge of the III Military Court, definitively dismissed the case against the aforementioned defendants in case file 25-73. It is important to mention that the origin of the case, both in civil and military justice, was for the disappearance of the victims; however, the Military Justice in its ruling made no mention of the responsibility of the accused for this situation.

Source: Vicariate of Solidarity