The visiting judge for human rights violation cases of the Temuco Court of Appeals, Álvaro Mesa Latorre, accused 13 retired Carabineros as perpetrators, accomplices, and accessories to the aggravated kidnapping of brothers Osvaldo and Gardenio Sepúlveda Torres in the commune of Cunco on September 21, 1973.

The magistrate's ruling held Ramón Calfupi Martínez, Gamaliel Soto Segura, and Girlondy Chabouty Pinilla responsible as perpetrators. Saturnino San Martín Bustos, Rolando Cea Reyes, Blas Calderón Painequir, Carlos Montenegro Grandón, and Paul Pinilla Vidal were accused as accomplices, and Juan Carlos Padilla Millanao, José Pérez Retamal, Israel Hernández Ulloa, Hugo Bornard Cruces, and Francisco Vallejos Villena were accused as accessories.

The case details that on September 14, 1973, the SEPULVEDA TORRES brothers were detained after voluntarily presenting themselves, along with their brother Luis Alberto, to the Carabineros of Los Laureles, although they were released the same day with the obligation to report to the station to sign in daily, both morning and afternoon.

On September 20, they went to sign in, but this time they were detained along with five other people. After a few hours, the Carabineros of Los Laureles transferred the group to the Cunco station. On the morning of September 21, 1973, at the Cunco station, a Carabinero officer entered the cell where the Sepúlveda Torres brothers were being held to speak with them.

A short while later, the arrival of a light vehicle was heard in the station courtyard, followed by footsteps and a commanding voice telling the Sepúlveda Torres brothers "get in now," after which the vehicle doors were closed and it drove off with the Carabineros; their current whereabouts remain unknown to this day.

Source: biobio.cl, August 22, 2015

The extraordinary visiting judge for human rights violation cases of the Temuco Court of Appeals, Álvaro Mesa Latorre, sentenced 12 retired Carabineros for their responsibility in the crime of aggravated kidnapping of brothers Osvaldo and Gardenio Sepúlveda Torres, perpetrated in the commune of Cunco in September 1973.

The magistrate sentenced

RAMON CALFULIPI MARTÍNEZ, GAMALIEL SOTO SEGURA, GIRLONDY CHABOUTY PINILLA, SATURNINO SAN MARTÍN BUSTOS, ROLANDO ALFREDO CEA REYES, BLAS CALDERON PAINEQUIR, CARLOS EUGENIO MONTENEGRO GRANDÓN, and PAUL VICENTE PINILLA VIDAL to an effective sentence of 7 YEARS of major imprisonment in its minimum degree as accomplices to the aggravated kidnapping of brothers Osvaldo and Gardenio Sepúlveda Torres.

Likewise, the investigating judge sentenced: JOSÉ SEGUNDO PÉREZ RETAMAL, ISRAEL PASCUAL HERNÁNDEZ ULLOA, HUGO BORNAND CRUCES, and FRANCISCO BORJA VALLEJOS VILLENA to a sentence of FOUR YEARS of imprisonment, with the benefit of supervised release, as accessories to the same crime.

Judge Mesa acquitted JUAN CARLOS PADILLA MILLANAO of the accusation brought against him, which identified him as an accessory to the crime of aggravated kidnapping. The sentence decrees for the 12 convicted individuals the accessory penalties of absolute perpetual disqualification from political rights and absolute disqualification from holding public offices and positions during the term of the sentence, and the inclusion of their genetic profile in the Registry of Convicted Persons, in accordance with the provisions of Law 19.970.

In the civil aspect, the judge ordered the State to pay the sum of $170,000,000 (one hundred and seventy million pesos) as compensation for damages, for moral injury resulting from the illicit act of aggravated kidnapping, in amounts distributed in the ruling.

The facts During the investigation, Judge Álvaro Mesa was able to establish: "A.- That once the military action of September 11, 1973, took place, various outposts dependent on the Cunco Station, including Los Laureles and Las Hortensias, were consolidated into it, with a Grade 1 barracks lockdown decreed, a situation that lasted approximately three months, which meant that the officers from the outposts had to sleep at the Cunco Station and travel to their respective workplaces during the day to fulfill their duties.

B.- That on September 14, 1973, brothers Gardenio and Osvaldo Sepúlveda Torres were detained for the first time upon voluntarily presenting themselves, along with their brother Luis Alberto, to the Carabineros of Los Laureles, Cautín province, IX region of the country.

During the same day, they were released with the obligation to report to the station to sign in daily, in the morning and in the afternoon. C.- On September 20 of that year, as usual, they went to sign in, but this time they were detained, except for Luis Alberto, who was released.

Along with them, Ponciano Arnoldo Sagredo Lagos, Ediberto Lagos Zárate, Juan Agustín Reinoso Mellado, Adelmo Henríquez, and a detainee surnamed Sáez remained in custody. After a few hours, they were transferred by the Carabineros of Los Laureles to the Cunco station in a Chevrolet Apache 56 pickup truck owned by a private individual named Ricardo Velasco.

In Cunco, the Sepúlveda Torres brothers were locked in the same cell along with Ponciano Arnoldo Sagredo Lagos and Ediberto Lagos Zárate. D.- On the morning of September 21, 1973, at the Cunco station, a Carabineros de Chile officer entered the cell where the Sepúlveda Torres brothers were being held to speak with them.

A short while later, the arrival of a light vehicle was heard in the station courtyard, followed by footsteps and a commanding voice telling the Sepúlveda Torres brothers 'get in now,' after which the vehicle doors were closed and it drove off with the Carabineros; their current whereabouts remain unknown to this day," the ruling states.

Source: redinformativa.cl, November 23, 2016

Supreme Court sentences 12 retired Carabineros for the aggravated kidnapping of brothers in Cunco

The Supreme Court sentenced 12 former members of the Carabineros for their responsibility in the crime of aggravated kidnapping of brothers Osvaldo and Gardenio Sepúlveda Torres, perpetrated in the commune of Cunco in September 1973.

In a unanimous ruling, the Second Chamber of the high court—composed of judges Milton Juica, Carlos Künsemüller, Lamberto Cisternas, Manuel Antonio Valderrama, and acting lawyer Jaime Rodríguez—sentenced Ramón Calfulipi Martínez, Gamaliel Soto Segura, Gilordy Chabouty Pinilla, Saturnino San Martín Bustos, Rolando Cea Reyes, Blas Calderón Painequir, Carlos Montenegro Grandón, and Paul Pinilla Vidal to two sentences of 3 years and one day of imprisonment, with the benefit of supervised release, as accomplices to the aggravated kidnappings of brothers Osvaldo and Gardenio Sepúlveda Torres.

Meanwhile, José Pérez Retamal, Israel Hernández Ulloa, Hugo Bornard Cruces, and Francisco Borja Vallejos Villena were sentenced to 4 years of imprisonment, with the benefit of supervised release, as accessories; and it ratified the acquittal of Juan Carlos Padilla Millanao of the accusation brought against him, which identified him as an accessory to the crime.

In the civil aspect, the resolution ordering the State of Chile to pay the sum of $90,000,000 (ninety million pesos) as compensation for damages to the victims' relatives was confirmed. The facts During the investigation stage, Judge Álvaro Mesa was able to establish the following facts: "A.- That once the military action of September 11, 1973, took place, various outposts dependent on the Cunco Station, including Los Laureles and Las Hortensias, were consolidated into it, with a Grade 1 barracks lockdown decreed, a situation that lasted approximately three months, which meant that the officers from the outposts had to sleep at the Cunco Station and travel to their respective workplaces during the day to fulfill their duties. B.- That on September 14, 1973, brothers Gardenio and Osvaldo Sepúlveda Torres were detained for the first time upon voluntarily presenting themselves, along with their brother Luis Alberto, to the Carabineros of Los Laureles, Cautín province, IX region of the country. During the same day, they were released with the obligation to report to the station to sign in daily, in the morning and in the afternoon. C.- On September 20 of that year, as usual, they went to sign in, but this time they were detained, except for Luis Alberto, who was released. Along with them, Ponciano Arnoldo Sagredo Lagos, Ediberto Lagos Zárate, Juan Agustín Reinoso Mellado, Adelmo Henríquez, and a detainee surnamed Sáez remained in custody. After a few hours, they were transferred by the Carabineros of Los Laureles to the Cunco station in a Chevrolet Apache 56 pickup truck owned by a private individual named Ricardo Velasco. In Cunco, the Sepúlveda Torres brothers were locked in the same cell along with Ponciano Arnoldo Sagredo Lagos and Ediberto Lagos Zárate. D.- On the morning of September 21, 1973, at the Cunco station, a Carabineros de Chile officer entered the cell where the Sepúlveda Torres brothers were being held to speak with them. A short while later, the arrival of a light vehicle was heard in the station courtyard, followed by footsteps and a commanding voice telling the Sepúlveda Torres brothers 'get in now,' after which the vehicle doors were closed and it drove off with the Carabineros; their current whereabouts remain unknown to this day."

Source: adprensa.cl, September 29, 2017