Case File 114.001 “Episode: Osvaldo Sepúlveda Torres and Gardenio Sepúlveda Torres

HAVING SEEN: That this case file from the First Criminal Court of Temuco has been initiated to investigate the crime of QUALIFIED KIDNAPPING of Osvaldo Sepúlveda Torres and Gardenio Sepúlveda Torres. At page 741, Clenardo Figueroa Cifuentes, Ramón Calfulipi Martínez, Gamaliel Soto Segura, Carlos Nolberto Cea Reyes (R.I.P.), Girlondy Chabouty Pinilla, and Héctor Mario Catrilef Méndez (R.I.P.) were indicted as perpetrators of the crime of qualified kidnapping of Gardenio Sepúlveda Torres and Osvaldo Sepúlveda Torres.

Furthermore, Saturnino San Martín Bustos, Rolando Alfredo Cea Reyes, Blas Calderón Painequir, Carlos Eugenio Montenegro Grandón, and Paul Vicente Pinilla Vidal were indicted as accomplices to the crime of qualified kidnapping of Gardenio Sepúlveda Torres and Osvaldo Sepúlveda Torres.

Likewise, José Rumilio Uribe Ulloa (R.I.P.), Juan Carlos Padilla Millanao, José Segundo Pérez Retamal, Israel Pascual Hernandez Ulloa, Hugo Bornand Cruces, and Francisco Borja Vallejos Villena were indicted as accessories to the crime of qualified kidnapping of Gardenio Sepúlveda Torres and Osvaldo Sepúlveda Torres.

III.- That the accused RAMON CALFULIPI MARTÍNEZ, R.U.N. 3.936.558-8, GAMALIEL SOTO SEGURA, R.U.N. 5.040.357–2, GIRLONDY CHABOUTY PINILLA, R.U.N. 5.407.113-2, SATURNINO SAN MARTÍN BUSTOS, Chilean, R.U.N. 3.712.750-7, ROLANDO ALFREDO CEA REYES, R.U.N. 3.723.670–5, BLAS CALDERON PAINEQUIR, R.U.N. 5.427.915-9, CARLOS EUGENIO MONTENEGRO GRANDÓN, R.U.N. 6.339.369–k, and PAUL VICENTE PINILLA VIDAL, R.U.N. 6.093.342–1, already identified, are sentenced, with costs, as accomplices to the crime of qualified kidnapping provided for in Article 141 of the Penal Code (in force at the time of the events) against Osvaldo Sepúlveda Torres and Gardenio Sepúlveda Torres, perpetrated in the commune of Cunco in September 1973, to the penalty of SEVEN YEARS of major imprisonment in its minimum degree and the accessory penalties of absolute perpetual disqualification for public offices and positions and political rights, and absolute disqualification for professional titles for the duration of the sentence. IV.- That the accused JOSÉ SEGUNDO PÉREZ RETAMAL, R.U.N. 6.156.875-1, ISRAEL PASCUAL HERNANDEZ ULLOA, R.U.N. 5.661.979–8, HUGO BORNAND CRUCES, R.U.N. 4.395.253–6, FRANCISCO BORJA VALLEJOS VILLENA, R.U.N. 4.190.700-2, already identified, are sentenced, with costs, as accessories to the crime of qualified kidnapping provided for in Article 141 of the Penal Code (in force at the time of the events) against Osvaldo Sepúlveda Torres and Gardenio Sepúlveda Torres, perpetrated in the commune of Cunco in September 1973, to the penalty of FOUR YEARS of minor imprisonment in its maximum degree and the accessory penalties of absolute perpetual disqualification for political rights and absolute disqualification for public offices and positions for the duration of the sentence. The case was partially and definitively dismissed regarding the accused Héctor Mario Catrilef Méndez. The case was partially and definitively dismissed regarding the accused José Romilio Uribe Ulloa.

Source: Judiciary, November 17, 2016

Case File No. 114.103: Qualified kidnapping of Alejandro Ancao Paine

A.6 MOISÉS FRITZ MOSQUERA

(49 years old at the time of the events), testifies from pages 48 to 50 (Volume I); 51 (Volume I); and from pages 52 to 55 (Volume I). In a judicial statement dated October 19, 2004, found on pages 48 to 50 (Volume I), a copy of which is attached from pages 205 to 207 (Volume I), added to the proceedings from case file 113.115, according to the resolution on page 14 (Volume I) and page 166 (Volume I), he states that in 1973 he worked as a timber businessman, using a blue, single-cab, four-wheel-drive Willy pickup truck, 1961 model, as his means of transport.

He resided at his current address, and his neighbor at that time was the Carabineros officer Gamaliel Soto Segura, who served at the Cunco Tenencia (Police Station). He recounts that on the morning of September 12, 1973, the Carabineros officer Gamaliel Soto, along with another Carabineros officer surnamed Catrilef, raided his house in search of his son, Moisés Benjamín Fritz Mosquera (like the declarant), who was 18 years old at the time.

The Carabineros linked him to the theft of one of their service weapons. His son was taken to the Tenencia and was released shortly after by order of Lieutenant Óscar Troncoso. Hours later, they returned for his son, who was hiding on the lot next to his house, as they sensed that nothing good was coming.

For this reason, he told Gamaliel Soto that his son was not at home, and they took him away to search for his son, whom they fortunately did not find. Due to the above, Gamaliel held him in detention, blindfolding him along with Catrilef, and also handcuffed his hands.

At that moment, the punishment by these aforementioned Carabineros began for him; with the permission of Lieutenant Troncoso, they tortured him, with Soto Segura crushing his left testicle and his right ear with his hands.

After four days of torture, he was released, but he remembers that he lost consciousness on more than one occasion, and according to the account of Sergeant Carlos Cea, he was nearly dead, because he was removed, according to his own account, from inside the cell where they kept nearly 14 bodies of already deceased detainees.

A few days after being released by the Carabineros, while he was on the street near his house, he was intercepted again by Gamaliel Soto, the Carabineros officers Catrilef, Rodríguez (nicknamed "El Colorín"), and Ricardo Troncoso.

On that occasion, they were carrying a list of people they were looking for, among whom were Alejandro Ancao Paine and Mr. Francisco Quidel. They asked him if he had seen them, to which he replied that he had not.

They also pointed out that the order they had came from outside and it was to "take them down," that is, to eliminate them. Immediately after, he went in search of Francisco Quidel in his pickup truck, managing to tell him that the Carabineros were looking for him and that he had to flee, advice that was heeded by Quidel, who fled to the border with Argentina.

After this, he managed to locate Alejandro Ancao Paine, who was at the COPEC service station in this commune, and managed to warn him that he was being sought; the latter replied that it was a lie, since he had passed in front of the Carabineros and they had not said anything to him; that is, he trusted that nothing would happen to him.

He bases this on the fact that it was the same day Alejandro was detained, whom he had seen hours earlier with his cousin named Óscar Paine on a tractor. Later, he learned that Alejandro Ancao had been executed for being an agricultural leader.

The above is according to the version of Gamaliel Soto and Catrilef themselves. He indicates that after his detention, he had to become friends with the Carabineros for fear of his integrity and that of his family; Gamaliel Soto even went so far as to ask him for his pickup truck on one occasion to go and drop off some "old men," presuming that these were the corpses of detainees from the Tenencia.

Regarding his question, he concludes that Gamaliel Soto was the one who drove the Chevrolet pickup truck that the Carabineros had in Cunco; he was the driver for the Tenencia, therefore he knows the whereabouts of all the detainees who were there, as he transported them.

He reports that the group of Carabineros who were murdering in Cunco was composed of Troncoso, Catrilef, Rodríguez, Sergeant José Uribe, and Soto Segura. Finally, he comments that it is true that bodies of political victims appeared in Lake Colico, as he himself saw bodies of people dressed in clothes, some with ties, submerged about three meters deep at the edge of the lake in the Puntilla sector, whose identities he cannot specify.

He cannot fail to mention that in the detention, death, and subsequent disappearance of the body of "Chalo Aedo," a local farmer who lived at that time on Colico Street, it was Gamaliel Soto himself who, together with Lieutenant Oscar Troncoso, took him out naked in the presence of his wife, Mrs.

Margarita Martínez, from his home, and that same night they executed him, as his body was seen on the banks of the Allipén River in Cunco, specifically in the Isla sector. Finally, he states that he is willing to ratify everything previously stated before the Minister investigating the case, and he is also willing to be confronted with Gamaliel Soto Segura, since it was he and his companions who bear responsibility for the deaths of several people in Cunco in 1973.

A.25 MOISÉS FRITZ MOSQUERA

In a judicial statement dated October 19, 2004, found on pages 48 to 50 (Volume I), a copy of which is attached from pages 205 to 207 (Volume I), added to the proceedings from case file 113.115, according to the resolution on page 14 (Volume I) and page 166 (Volume I), he states that in 1973 he worked as a timber businessman, using a blue Willy pickup truck, 1961 model, as his means of transport.

He resided at his current address, and his neighbor at that time was the Carabineros officer Gamaliel Soto Segura, who served at the Cunco Tenencia. He recounts that on the morning of September 12, 1973, the Carabineros officer Gamaliel Soto, along with another Carabineros officer surnamed Catrilef, raided his house in search of his son, Moisés Fritz Mosquera, who was 18 years old at the time.

His son was taken to the Tenencia and was released shortly after. Hours later, they returned for his son, who was hiding on the lot next to his house, as they sensed that nothing good was coming. For this reason, he told Gamaliel Soto that his son was not at home, and they took him away to search for his son, whom they did not find.

Due to the above, Gamaliel held him in detention, blindfolding him along with Catrilef, and also handcuffed his hands. At that moment, the punishment by these aforementioned Carabineros began for him; with the permission of Lieutenant Troncoso, they tortured him, with Soto Segura crushing his left testicle and his right ear with his hands.

After four days of torture, he was released, but he remembers that he lost consciousness on more than one occasion, and according to the account of Sergeant Carlos Cea, he was nearly dead, because he was removed, according to his own account, from inside the cell where they kept nearly 14 bodies of already deceased detainees.

A few days after being released by the Carabineros, while he was on the street near his house, he was intercepted again by Gamaliel Soto, the Carabineros officers Catrilef, Rodríguez (nicknamed "El Colorín"), and Ricardo Troncoso.

On that occasion, they were carrying a list of people they were looking for, among whom were Alejandro Ancao Paine and Mr. Francisco Quidel. They asked him if he had seen them, to which he replied that he had not.

They also pointed out that the order they had came from outside and it was to "take them down," that is, to eliminate them. Immediately after, he went in search of Francisco Quidel in his pickup truck, managing to tell him that the Carabineros were looking for him and that he had to flee, advice that was heeded by Quidel, who fled to the border with Argentina.

After this, he managed to locate Alejandro Ancao Paine, who was at the COPEC service station in this commune, and managed to warn him that he was being sought; the latter replied that it was a lie, since he had passed in front of the Carabineros and they had not said anything to him; that is, he trusted that nothing would happen to him.

He bases this on the fact that it was the same day Alejandro was detained, whom he had seen hours earlier with his cousin named Óscar Paine on a tractor. Later, he learned that Alejandro Ancao had been executed for being an agricultural leader.

The above is according to the version of Gamaliel Soto and Catrilef themselves. He reports that the group of Carabineros who were murdering in Cunco was composed of Troncoso, Catrilef, Rodríguez, Sergeant José Uribe, and Soto Segura.

Source: Judiciary, September 3, 2021