Fifty people demonstrated today demanding life imprisonment for Carabinero Alex Ambler, who is being prosecuted for the March 1985 deaths of brothers Eduardo and Rafael Vergara Toledo, militants of the Revolutionary Left Movement (MIR).

The group, which included relatives and friends of the young opponents of the Augusto Pinochet dictatorship murdered in Villa Francia, arrived at the Norambuena Building—the Carabineros Mutual Fund in downtown Santiago—where the uniformed police officer is being held.

Manuel Vergara, father of Rafael and Eduardo, expressed his fear at the site that the accused might be released on bail and that the trial might end without the sanctions they expect. He stated that he and his family hope for a sentence of "at least 10 years to life" and trusted that it would "actually be served," according to reports by Radio Bío Bío.

Ambler, along with Carabineros Francisco Toledo, Marcelo Muñoz, and the fugitive Jorge Marín, were arrested this week in the trial for the death recorded in Villa Francia on March 29, 1985, which at the time was defined as a "death in a confrontation." The family asserted that they will continue these protests while awaiting the final sentence, which is expected to be handed down in the coming weeks, and reported that Toledo and Muñoz are currently in an annex of the Carabineros Hospital, located on Marchant Pereira Street.

The fugitive Marín Jiménez, a native of Concepción, is identified by the prosecution in this emblematic human rights case as the person who executed Rafael with a shot to the back of the neck, under Ambler's orders.

Source: lanacion.cl, August 5, 2006

Judge Gajardo issues sentence in the homicides of the Vergara Toledo brothers

Visiting Judge of the Santiago Court of Appeals Carlos Gajardo Galdames issued a sentence in the investigation into the qualified homicides of brothers Rafael and Eduardo Vergara Toledo, which occurred on March 29, 1985, in Villa Francia, in the Estación Central commune. The magistrate determined the following sentences for the members of the Carabineros involved in the case:

• Jorge Segundo Marín Jiménez: 15 years and one day for the simple homicide of Eduardo Antonio Vergara Toledo and the qualified homicide of Rafael Mauricio Vergara Toledo.
• Alex Vicent Ambler Hinojosa: 10 years and one day for the qualified homicide of Rafael Mauricio Vergara Toledo.
• Francisco Nelson Toledo Puente: 10 years and one day for the qualified homicide of Rafael Mauricio Vergara Toledo.
• Marcelo Segundo Muñoz Cifuentes: acquitted of all charges.

The sentences must be served effectively, given the length of the convictions.

Source: lasegunda.cl, May 16, 2008

Court of Appeals issues ruling on the homicides of the Vergara Toledo brothers

The Sixth Chamber of the Santiago Court of Appeals ratified the second-instance sentence in the investigation into the qualified kidnappings of brothers Eduardo and Rafael Vergara Toledo, regarding events that occurred on March 29, 1985, in Villa Francia, located in Estación Central.

The resolution was adopted by judges Jorge Dahm, Juan Eduardo Fuentes, and lawyer member Nelson Pozo, who confirmed the ruling of Judge Carlos Gajardo, which established sentences against Carabineros Jorge Marín Jiménez, who was sentenced to 15 years and one day in prison for his authorship in the qualified homicide of Rafael Vergara Toledo and the simple homicide of Eduardo Vergara Toledo.

Additionally, Alex Ambler Hinojosa was sentenced to 10 years and one day in prison as the author of the simple homicide of Rafael Vergara Toledo, as was Francisco Toledo Puentes, who was sentenced as the author of the simple homicide of Rafael Vergara Toledo.

Regarding the criminal status of Marcelo Muñoz Cifuentes, the magistrates decided to acquit him of the charges due to a lack of participation in the events. With noticeable sadness and resignation, the mother of the Vergara Toledo brothers, Luisa Toledo Sepúlveda, reacted to the ruling announced this Friday by the Santiago Court of Appeals, which sentenced the Carabineros involved in the death of her sons—which occurred on March 29, 1985, in Villa Francia, Estación Central—to prison terms.

Interviewed by Agencia UPI, the woman admitted to being very skeptical about what happens in these courts that call themselves courts of justice, "because we have been at this for more than 20 years, fighting for so many years for the case to be taken into account, which is a murder." She added that "this, more than bringing me joy, causes me pain because I have to think about this again (the death of her sons); if justice is not timely, it has no meaning, so what meaning can it have almost 30 years later?" The reason why Luisa Toledo maintains her disbelief in the country's judicial system is that, as she explained, "now they have the right to appeal... they are accused and they appeal. Compare that to what happens to our young people, who are taken prisoner immediately. No one has the right to appeal." When asked if this resolution could be considered the closing of a wound after 24 years of waiting, the mother of the deceased young men asserted that "I wish I could have that hope, but I don't... they give you a little energy so you don't go out into the street to protest, and then another appeal will come." "For me, this is a great bitterness; it is a torture, a feeling that they are pulling my leg," she asserted, adding, "What hope can I have? Later (the police) can go to the Supreme Court, and the problem remains for another year or two. Meanwhile, the guys are going to die of old age, and we are also going to die of old age."

Source: lanacion.cl, July 4, 2009

Supreme Court sentences three former Carabineros to prison for the murder of the Vergara Toledo brothers

The Second Chamber of the Supreme Court issued the final sentence in the investigation against three former Carabineros for the homicide of brothers Rafael and Eduardo Vergara Toledo, an event that occurred on March 29, 1985, in Villa Francia.

In a split decision, judges Nibaldo Segura, Jaime Rodríguez, Rubén Ballesteros, Hugo Dolmestch, and Carlos Künsemüller decreed a sentence of ten years and one day in prison for Jorge Marín Jiménez for the qualified homicide of Rafael Vergara and the simple homicide of Eduardo Vergara.

Meanwhile, Alex Ambler Hinojosa and Nelson Toledo Puente were sentenced to seven years in prison for the qualified homicide of Rafael Vergara. This meant a reduction of the first-instance sentences handed down by visiting Judge Carlos Gajardo Galdames, who in May 2008 had sentenced Marín Jiménez to 15 years and one day in prison and Ambler Hinojosa and Toledo Puente to 10 years and one day, a ruling that had been ratified by the Santiago Court of Appeals on July 3, 2009.

Source: lanacion.cl, August 4, 2010

PAROLE GRANTED TO INDIVIDUAL CONVICTED FOR THE CRIME OF ONE OF THE VERGARA TOLEDO BROTHERS

In a split decision, the Second Chamber of the Supreme Court accepted the writ of amparo and granted parole to Carabinero Francisco Nelson Toledo Puente, who was serving a sentence at the Punta Peuco prison for the qualified homicide of Rafael Vergara Toledo, one of the brothers shot in Villa Francia on March 29, 1985, an event that gave rise to the Day of the Young Combatant.

The resolution of the highest court deemed that the Carabinero met the requirement of "impeccable conduct" to be granted the benefit, which had been rejected by the Santiago Court of Appeals, and added that the fact of being convicted of a crime against humanity does not annul his right to reintegrate into society. "The INDH maintains that, in accordance with international human rights law, those who have been convicted in cases of crimes against humanity may access benefits and alternative measures (...) to the extent that the investigation, the determination of responsibilities, and the imposition of sanctions adequate and proportional to the damage caused are guaranteed," the Supreme Court ruling states. The decision was adopted with the dissenting votes of judges Andrea Muñoz and Carlos Cerda, who opted to confirm the ruling of the Santiago Court of Appeals. Meanwhile, judges Carlos Künsemüller, Haroldo Brito, and Lamberto Cisternas voted in favor.

Source: t13.cl, February 16, 2017

Letter from the parents of the Vergara Toledo brothers

Dear friend, Another year has passed in our history as a people, and there have been bad and good news or events in this span of time. A year that, for us as a family, has brought us closer to March, the date of the murder of our beloved Rafael and Eduardo Vergara Toledo.

We acknowledge that we are one year more tired, one year more discouraged, one year sadder than the previous year, one year older, without any certainty of being wiser. It has been a hard and difficult year, and we imagine that for many of you as well, regarding the labor, economic, and social situation; there are many friends with long and painful illnesses and, additionally, we have the tremendous burden of making the process regarding the murder of our sons move at all in the Courts of Justice.

It is true that there have also been happy, quiet moments in which we have felt like human beings again, but they are the minority. And, of course, many have done well and we are happy for them, but we sincerely hope that this does not make you forget that it is the majority of our people who are suffering the consequences of the marginalization of the economic system that crushes us.

Comrade, in spite of this somewhat hopeless panorama that we have just described, we dare to tell you what we have advanced in the case of the murder of our sons. The truth has already been established by Judge Sergio Muñoz, who confirmed how they were murdered and who the direct perpetrators of these crimes are, whose names are: Alex Vicent Ambler Hinojosa, Captain (Ret.), Francisco Nelson Toledo Puente, 1st Corporal (Ret.), Marcelo Segundo Muñoz Cifuentes, 1st Sergeant (active), Jorge Segundo Marín Jiménez, 2nd Corporal (discharged).

After this, the case passed into the hands of Judge Carlos Gajardo, who was responsible for charging these murderers, accusing them of committing a qualified crime with the aggravating factors of premeditation and treachery against Eduardo and Rafael.

These subjects were imprisoned for a week in Carabineros facilities and released on bail after paying $200,000. That was the end of the first stage of this process, which dragged on from 2003, the date the case reached Judge Muñoz, until the indictment was issued in 2006.

In December of last year, we were called by the lawyers handling the boys' case to inform us that we are now entering a second stage of the process that could last through all of 2007, which is the sentencing stage—that is, how many years of prison Judge Gajardo will give each of the criminals.

And, on the other hand, the possibility of a civil lawsuit that we would have to file, asking for payment for the lives of our sons in money. Regarding the sentence that Judge Gajardo issues, as parents, there is little we can do, except appeal if we find it unjust, through our lawyers.

The criminals' lawyers can also appeal, and in this tug-of-war, a lot of time can pass. Furthermore, all of this is aggravated because the murderers can appeal to an instance that the law grants them, which is the partial statute of limitations, which means that if the judge were to sentence them to 5 years in prison, this sentence would be reduced by half—that is, to two and a half years, as an example.

Regarding the civil lawsuit, you all have known forever that we will never receive a peso for our sons; what we want is for justice to be served. We are convinced that receiving money is a gag, a coercion, and, besides, the precious life of our beloved sons has no price.

We do not judge anyone who has received the money, but we are not going to allow ourselves to be judged as naive, puritanical, or proud. Nothing and no one will convince us otherwise. We only want justice!

We also want to tell you that the lawyers expressed their approval regarding this decision of ours and assured us of their unconditional support, for which we thank them from the bottom of our hearts. Well, friends, we hope we haven't tired you too much with all this information, but we have always told you everything that happens with our sons' case, and it seemed right to us that you know where it stands.

We hope you can accompany us, once again, on this terrible date, despite the threats that have already begun to be sent through the media by the authorities of this government, which for us is the government closest to the dictatorship in many aspects, but above all in the use of police repression against the legitimate protests of the people.

Thank you for your affection and closeness. Luisa Toledo S. Manuel Vergara M. Santiago, Villa Francia, March 29, 2007.

Source: piensachile.cl, March 31, 2007