D.O.B. : 07-11-47, 25 years old at the time of detention Address : Población El Tejar, Pasaje Sur N°370, Chillán Marital Status : Single Occupation : Construction worker Repressive Affiliation : Member of the Communist Party Date of Detention : November 5, 1973

REPRESSIVE SITUATION

Tomás Enrique Ramírez Orellana, single, construction worker, and Communist militant, was detained on November 5, 1973, at approximately 11:30 PM, at his home located in the Población El Tejar in Chillán.

A group of Carabineros arrived at his house and asked directly for Tomás Ramírez, who had come to the door. Upon realizing they were looking for him, he asked for permission to get dressed, which he did accompanied by a Carabinero while others searched the house.

They subsequently took him out to the street and walked through the passageway toward a central street. Witnesses to the detention included his mother and two sisters; one of them saw the events from her own home located across the street and was able to observe that the patrol consisted of about 15 to 20 Carabineros who had previously surrounded the house and who, upon taking her brother out, headed toward a corner where a jeep was parked.

From the following day, his relatives went to various places to ask about him. At the Chillán Viejo police station, they were told that he had been there but had been subsequently transferred to the Regiment, a fact that was denied at that military facility.

They also searched for him in other detention centers in Chillán, neighboring towns, and even in Concepción and Isla Quiriquina without obtaining any information; therefore, what happened to the victim from the moment of his detention remains unknown.

It should be noted that on that same day, November 5, three other people living in the Población El Tejar were also detained: Oscar Enrique Fetis Sabelle, Sergio Iván Fetis Valenzuela, and Luis Guillermo Wall Cartes, who also remain forcibly disappeared to this date.

JUDICIAL AND/OR ADMINISTRATIVE ACTIONS

On November 28, 1978, his sister Helia Ramírez Orellana filed an amparo (habeas corpus) petition, case file 105.117, in the Court of Appeals of Chillán, invoking the statements of the Minister of the Interior at the time, Sergio Fernández, who stated that "Whatever the concrete truth may be at the date of disappearance in each situation, it can be investigated by the Courts of Justice." The Court requested reports from the Military Prosecutor's Office of Ñuble and the Sixth Precinct of Chillán, both of which responded that they had no records of any proceedings or detention regarding the victim. Taking these two reports into account, the Court dismissed the amparo and requested that the records be sent to the Criminal Court on duty to investigate the facts. On December 6, 1978, the summary investigation for alleged disappearance, case file 45.451, was initiated in the First Court of Chillán. The Court issued writs to the Courts of Chillán, the prison, and the Regiment requesting reports on the victim; they replied that they had no records of detention or proceedings. The 2nd Precinct reported that it was not possible to review the logs from 1974 and 1975 because they had been incinerated; meanwhile, the 6th Precinct indicated that Tomás Ramírez was not detained in that unit or its dependent detachments from November 5, 1973, onwards. Other actions taken, such as inquiries to the Ministry of the Interior, the Department of Immigration, and the International Police, also reported having no records. The complainant, another sister, and the victim's mother appeared before the Court and ratified their statements. On April 10, 1979, the case was transferred to the Investigating Judge on Extraordinary Visit, Boris Acharán Blau, who ordered other proceedings that did not provide further information to the investigation, and on May 22, 1979, he declared the summary closed and temporarily dismissed the case, which was approved on June 4 by the Court of Appeals.

Source: Corporation report

The Supreme Court sentenced retired Carabineros officer Patricio Marabolí Orellana to 5 years and one day in prison as the perpetrator of the aggravated kidnapping of Óscar Fetis Sabelle, Sergio Fetis Valenzuela, Luis Wall Cortés, and Tomás Ramírez Orellana, crimes committed starting on November 5, 1973, in the city of Chillán.

In a split decision, the Second Chamber of the highest court—composed of ministers Carlos Künsemüller, Haroldo Brito, Juan Eduardo Fuentes, Lamberto Cisternas, and Jorge Dahm—upheld the cassation appeal filed against the sentence that had acquitted the uniformed police officer.

The highest court's ruling establishes that there are well-founded presumptions of Marabolí Orellana's participation in the four kidnappings. The victims were detained in the Población El Tejar of Chillán on November 5, 1973. "That, in the opinion of this Court, the facts or indications useful or suitable to be considered in light of the decisive legal precept in this matter - article 488 Nos. 1 and 2 (insofar as it requires multiplicity) - are the following: A.

At the time the investigated events occurred, Carabineros and Army patrols were constantly going out to locate extremists, so it was not possible to locate the patrol that participated in the detention of those named. (Report N° 209 of the Investigative Police of Chile, dated January 23, 1974, added to page 6 of the case file).

B. The repressive commission that operated with officials of the Civil Commission of the Second Precinct of Carabineros of Chillán, to which Patricio Marabolí Orellana belonged, had the objective of carrying out political detentions and used green jeeps with greenish-gray canvas tops, which came from the Agricultural and Livestock Service (S.A.G.) of Chillán. (Report N° 186 of the Investigative Police of Chile, dated February 3, 2006, added to page 118 and following).

C. Óscar Enrique Fetis Sabelle, Sergio Iván Fetis Valenzuela, and Luis Guillermo Wall Cartes were detained by repressive agents of the State, who, without any justification, raided their home and detained these people.

These officials were personnel of the Carabineros of Chile who worked in the Civil Commission of the Second Precinct of Carabineros, specifically assigned to the detention of militants and/or sympathizers of the various left-wing political parties and people with ideals opposed to the prevailing regime. (Report N° 186 of the Investigative Police of Chile, cited above).

D. Existence of the Military Intelligence Service (SIM) in the 9th Infantry Regiment of Chillán, in which the accused operated as an "attached officer." E. Óscar Fetis Sabelle and Sergio Fetis Valenzuela, residing in Población El Tejar, appeared on a list of people "assigned for location," sent by the Commander of the Chillán Regiment to the Prefect of Carabineros of that city. (Document on page 662 and statement by Miguel Eduardo Duque San Martín, on pages 1081 and 1082).

F. The accused's performance, at the time the events occurred, as the officer in charge of detaining people for political reasons, who were then tortured, using S.A.G. vehicles for the apprehensions. (Statements by José del Carmen Venegas Jara, on page 343; by Hugo Alberto Apablaza Henríquez, on page 365; statements by Azis Saleh Saleh, in a confrontation added to page 638; statement by Samuel Alonso San Martín Urra, on page 746; statement by Luis Humberto Candia Parra, on page 740).

G. A warning from one of the members of the patrol that carried out the detention, heard by Ms. María Cleria Ramírez Orellana and Ms. Helia Rosa Ramírez Orellana and directed at one of the victims, Tomás Orellana: "Don't act tough, or you'll have to deal with my Lieutenant Marabolí." (Statements on pages 505 and 732).

H. Recognition of the accused in a photo of himself by Ms. Helia Rosa Ramírez Orellana, who states on page 732 regarding this: "Regarding what I am asked if I recognize in the photos shown to me any uniformed officer who appeared on that occasion at my house, when they took my brother, I recognize the one who acted as the boss, who was the youngest, photo added to page 226 of the First Volume." On page 226 (old pagination) is the photograph of Patricio Marabolí Orellana." In the civil aspect, the State of Chile was ordered to pay a total compensation of $840,000,000 (eight hundred and forty million pesos) to the victims' families.

Source: elclarin.cl 9/9/2016 Date: 09-09-2016