Two retired Army non-commissioned officers were sentenced for the homicide of a 21-year-old man, which occurred on December 25, 1973, in Temuco. The sentence was handed down by the minister for extraordinary cases of human rights violations of the Temuco Court of Appeals, Álvaro Mesa Latorre, who ruled that retired Army non-commissioned officer Bernardino Vergara Acuña serve 10 years and one day in prison as the perpetrator of the qualified homicide of Luis Omar Torres Antinao, perpetrated in Temuco on December 25, 1973.

Additionally, retired Army non-commissioned officer Patricio Eugenio González Céspedes was sentenced for the same act, but in the capacity of accessory after the fact, to a penalty of 3 years in prison, with the benefit of supervised release.

Both convicted men, currently 65 years of age, according to the investigation by Minister Mesa, participated in the homicide of Torres Antinao, a 21-year-old who worked selling fruit. According to the report, the uniformed men arrived at the victim's home in search of his sister, who was a member of the Movimiento de Izquierda Revolucionario, MIR.

At that moment, Luis Omar Torres Antinao attempted to escape toward the patio of the home, but the Army officials followed him and shot him in the presence of his mother, sisters, and underage brother.

The 21-year-old died at the scene, and his lifeless body was thrown by the military personnel into a truck in which they took him away. In the civil sphere, the ruling orders the state treasury to pay one hundred million pesos as compensation to a brother of the victim.

Source: biobiochile.cl, June 24, 2019

Two soldiers sentenced for the homicide of a fruit seller during Christmas 1973

In a judicial ruling that sheds light on one of the darkest chapters of Chilean history, the Supreme Court has finally issued its verdict on a crime that occurred decades ago. In a replacement sentence, the country's highest judicial authority convicted two conscript soldiers for their participation in the homicide of Luis Omar Torres Antinao, a tragic event that took place in the commune of Temuco on December 25, 1973.

The ruling represents a significant step toward justice in a case that has remained unresolved for years. The facts: On December 25, 1973, in the context of the turbulent political situation that Chile was experiencing after the military coup, Luis Omar Torres Antinao, a 21-year-old fruit seller with no known political affiliation, tragically lost his life at the hands of military personnel from the Regimiento Tucapel in Temuco.

The armed forces and order enforcement had taken control of the city, and Colonel Pablo Iturriaga Marchesse, commander of the Infantry Regiment No. 8 ‘Tucapel’, stood as the governor of Temuco. The tragic fate of Torres Antinao was sealed when a group of soldiers, including conscript soldier Bernardino Vergara Acuña, chased him to the backyard of his house and shot him in the presence of his family, causing a fatal gunshot wound to the head.

The young man died instantly, and his lifeless body was thrown into a truck by the soldiers. The autopsy protocol revealed that the precise cause of Torres Antinao's death was a cerebral contusion caused by a transfixing gunshot wound to the cranium, which confirmed the brutality of the attack.

This act of unnecessary and disproportionate violence remained hidden for years, without a proper investigation being carried out or due justice being applied. The fight for justice The family of Luis Omar Torres Antinao never stopped fighting for truth and justice.

Over the years, they sought answers and evidence that would finally bring those responsible to justice. The case attracted the attention of human rights organizations and justice advocates around the world, who pressured for the facts to be clarified and for a fair trial to be held.

The replacement sentence

In a decision that marks a milestone in the search for justice for victims of human rights violations in Chile, the Supreme Court accepted the appeals in cassation on the merits filed by the Human Rights Program and the plaintiff.

In a majority vote, Bernardino Vergara Acuña was convicted as the perpetrator of the homicide of Luis Omar Torres Antinao to a penalty of 10 years and one day in prison. Additionally, Patricio Eugenio González Céspedes was convicted as an accessory after the fact and received a penalty of 541 days in prison.

A crucial aspect of the sentence was the refusal to apply the statute of "half-prescription," which would have reduced the sentences significantly. The Supreme Court argued that in crimes against humanity such as this, time cannot justify impunity, and total or partial prescription is not acceptable according to international humanitarian criminal law.

The Supreme Court ruling in this homicide case committed on Christmas in 1973 represents an important advance toward justice and truth in Chile. Although much time has passed since that tragic day, the sentence demonstrates that the judicial system is committed to addressing crimes against humanity and ensuring that those responsible are held accountable for their actions.

The resolution is also a reminder of the perseverance of the victims and their families in their tireless search for justice, even decades after the events.

Source: elclarin.cl, September 1, 2023