PART THREE
Chapter One (A.2)

September through December 1973 (continued)

1. HUMAN RIGHTS VIOLATIONS COMMITTED BY GOVERNMENT AGENTS OR PERSONS WORKING FOR THEM (continued)
   
   
   2. CASES (continued)
      
      
      1. Metropolitan Region (continued)
         
         
         2. Cases of grave human rights violations in the Metropolitan Region (continued)
            
            On October 18, 1973, Jorge Cristián CLAVERIA INOSTROZA, 19, an office worker and student who was active in the Young Communists, was killed. On October 10, he showed up at DINAC [National Bureau of Trade], where he worked, in order to present himself to the new authorities. Since that moment there has been no further word concerning him. His relatives went to DINAC and to some police stations but found no evidence of him. On October 27, 1973, the family found his body at the Medical Legal Institute. Records indicate that he had been brought there from the Mapocho River. The autopsy carried out on October 19 established that the cause of death was a series of three perforating bullet wounds, one to the face and head, one to the thorax and one to the abdomen. According to the death certificate, he was killed at 5 a.m. on October 18, 1973. This Commission has come to the conviction that Jorge Cristián Clavería was executed by government agents, and that this constituted a grave human rights violation. His political activism, his disappearance from a place under the control of the new authorities, the place his body was found, and the fact that he was killed during the curfew period all lend support to that conviction.
            
            On October 18, 1973, Ramón Edmundo REBOLLEDO ESPINOZA, 41, a worker, disappeared. That day he was arrested in a bar before witnesses during a search operation being conducted by troops in the La Faena shantytown. His family made numerous efforts to determine his whereabouts but all proved in vain. Since the day of his arrest, Ramón Rebolledo has not sought to have his identification card renewed, or registered to vote, and there is no record of him having left the country. Since it is established that he was arrested and since there is no word on him since that date, this Commission has come to the conviction that Ramón Edmundo Rebolledo suffered human rights violations at the hands of government agents who arrested him and later forcibly made him disappear.
            
            On October 18, 1973, Santiago Rubén ROJAS ARANCIBIA, 16, a student, was killed. As the accounts we have received indicate, he left his house in Quinta Buin near curfew time on October 17. His family heard nothing more about him until they found his body at the Medical Legal Institute, where it had been sent by the El Salto police department. Police officers found his body on the road to El Barrero at about 8:30 a.m., and the document sent to the Third Criminal Court in Santiago states that "... the victim had bullet wounds in the back and thus he was presumably killed by a military patrol for violating curfew." The death certificate says that the cause of death was "perforating bullet wounds to the head, torso, and abdominal cavity." In view of this evidence gathered, and the circumstances and cause of his death, the Commission has come to the conviction that the death of Santiago Reubén Rojas Arancibia, was due to the political violence of that time and can reasonably be assumed to have been the work of government agents.
            
            On October 19, 1973, Pedro Enrique TRONCOSO SAAVEDRA, 33, a painter, was executed. That day in the presence of witnesses, air force personnel arrested him at his house in Conchalí. His dead body was found one hour later on the road to Lo Espejo, as indicated in his autopsy report. The cause of death was a perforating bullet wound to the head. Bearing in mind that the last information available about Troncoso dates from the moment he was arrested by air force personnel, the fact that his dead body was later found on a public thoroughfare, as well as the cause of death, this Commission has come to the conviction that he suffered a violation of his right to life as a result of actions carried out by government agents.
            
            On October 19, 1973, Jorge Antonio ARANGUIZ GONZALEZ, 16, a high school student, disappeared. He had been involved in a dispute with a neighbor in the Rosita Renard shantytown where he lived. She then made accusations against him to police. According to his family, the police soon arrived at Aranguiz' house intending to arrest him. They did not find him, however, since he had already run away. In the judicial investigation that followed the disappearance of Aranguiz numerous eyewitnesses provided testimony to these events. Since that day there has been no information on the whereabouts of Aranguiz, despite the various efforts made by his family to locate him, including that judicial investigation. A check with various government agencies did not result in any indication that he had had any dealings with the government or had left the country. In view of these facts, this Commission has come to the conviction that government agents made Aranguiz disappear by force, and thus it believes that his fundamental rights were violated.
            
            On October 20, 1973, Hernán SOTO CARDENAS, 34, a shoe repairman, was killed. Five days previously, on October 15, he was arrested by army troops at his home in the Teniente Saavedra shantytown in the Barrancas district. His dead body was found at the Medical Legal Institute on October 20. He had died of bullet wounds to the chest and abdomen. Since it is established that he was arrested, and since he died that same day of bullet wounds, this Commission has come to the conviction that Hernán Soto was executed by government agents who in their assault on his life committed a human rights violation.
            
            On October 20, 1973, the following people were executed:
            
            Sergio Orlando CANDIA SALINAS, 28, a butcher at the Lo Valledor slaughterhouse;
            
            Carlos Octavio CHAMORRO SALINAS, 18, a tailor's assistant;
            
            Jaime Alberto VEAS SALINAS, 21, a butcher at the Lo Valledor slaughterhouse; and
            
            Miguel Angel PONCE CONTRERAS, 18.
            
            They were all arrested by police in the San Gregorio shantytown and were taken to the local police station. When their relatives arrived to inquire about them, the police told them they were under arrest "for looking suspicious" and that they would be released in a few hours. [sic-material missing here]...the date, hour and place of death is noted on the respective death certificates as October 20, 1973 at 11:00 p.m. at the intersection of Barros Arana and Eucaliptus in the case of Sergio Candia, on the road to Melipilla in the case of Jaime Veas, and in the Padre Hurtado neighborhood in the cases of Miguel Ponce and Carlos Chamorro. Considering the manner in which these events occurred, this Commission has come to the conviction that these four people were executed by agents of the state, therefore being victims of a violation of their right to life.
            
            On October 20, 1973, Mario SALINAS VERA, 16, a high school student, was arrested at home by soldiers in the presence of witnesses. He was arrested by members of the Guardia Vieja Regiment of Los Andes, who were quartered on municipal property in Maipú. Since that date there has been no information on the whereabouts of Salinas, and efforts made by his family to locate him have been unsuccessful. When his father introduced a habeas corpus plea in October 1973, officials acknowledged the fact that Mario Salinas had been arrested when they answered that he had been released the day after his arrest, that is, on October 21, 1973. It has been established that Mario Salinas was arrested, but this Commission does not find plausible the official account, namely that Mario Salinas was set free the next day, since he never had any further contact with his family. After checking with a number of government agencies, the Commission finds no proof that he ever conducted any official business these years, nor is he registered as having left the country. Hence it concludes that he never recovered his freedom. Consequently, the Commission has come to the conviction that Mario Salinas was arrested and disappeared at the hands of government agents, in violation of his human rights.
            
            On the night of October 20, 1973, the following persons were executed:
            
            José Tomás BELTRAN BIZAMA, 25, a worker who was not politically active,
            
            Eduardo Antonio FONSECA CASTRO, 26, a street vendor who was not politically active; and
            
            Hernán Anselmo CORTES VELASQUEZ, 22, a worker, who was not politically active.
            
            In the presence of witnesses a police patrol that was moving about in an ambulance arrested all three of them in their homes in the 18 de Septiembre squatter settlement near the central railroad station and took them away. The next morning their bodies were found in an empty lot along the Lo Errazuriz road in the Maipú district. According to the autopsy reports, the cause of death was multiple perforating bullet wounds to the head. The circumstances in which Beltrán, Fonseca, and Cortés were killed, hours after they had been arrested by the police, lead this Commission to the conviction that they were executed by government agents in violation of their essential rights.
            
            On October 20, 1973, Pedro GUEVARA MUÑOZ, 28, a painter, was killed. Relatives found his body at the Medical Legal Institute, where it had been taken after being found out in the open on the northern bank of the Mapocho River near the Manuel Rodríguez Bridge. According to the death certificate the body had bullet wounds to the head; the autopsy report, however, said that the body had around eighteen bullet wounds. The body was finally buried in Lot 29 of the General Cemetery. The Commission has come to the conviction that Pedro Guevara Muñoz was executed as a result of the political violence of that time, presumably by government agents.
            
            On October 20, 1973, José Ismael CAVADA SOTO, a painter, was killed. According to testimony received, Cavada's father found his body at the Medical Legal Institute, where it had been sent after being found out in the open on the northern bank of the Mapocho River near the body of Pedro Guevara. It was established that the cause of death was the many bullet wounds he had received, and that he died on October 20. The body was finally buried in Lot 29 of the General Cemetery. In view of the evidence obtained, and although the exact nature of what happened is not known, the Commission came to the conviction that José Ismael Cavada Soto was killed as a result of the political violence of that time, presumably by government agents.
            
            On October 21, 1973, Luis René LOBOS GUTIERREZ, 25, and Carlos Germán MALDONADO TORRES, 41, both farm workers, disappeared. That day civilians went to the military and accused these two men of having threatened them. These same civilians and the military went to where the two men were and proceeded to arrest them in the presence of witnesses. They took them to the Malloco police station, but they were not permitted to detain them there on the grounds that the events in which they were involved had taken place outside that district and also because the officer in charge did not think they should be jailed and so they were returned to their captors. Since that moment there has been no further word about these men.
            
            The Commission came to the conviction that Luis Lobos and Carlos Maldonado disappeared while in the custody of government agents who were abusing their power, since it is established that they had been arrested. The court record establishes that the police were not willing to hold these two men and turned them over to the military. They were not released later, there has been no information on their whereabouts since that date, and it has been established that since then they have not had any business with government agencies, left the country, or gone to see their relatives.
            
            On October 25, 1973, the body of Jaime Antonio RIVERA AGUILAR, 29, was found. The body had bullet wounds to the chest and stomach. He had disappeared from his house in the La Faena shantytown in Peñalolén around October 18. Unable to determine exactly how he died, but taking into account especially the cause and date of his death, the Commission has come to the conviction that he died as a result of the political violence prevailing in the country.
            
            On October 26, 1973, air force Second Corporal José Enrique ESPINOZA SANTIC was executed. He was arrested on October 19, at the Capitán Avalos Aviation School, by air force troops and was transferred to the Air War Academy and then to the Aeronautic Polytechnical Academy. He was executed there on October 26. These facts have all been established through eyewitness testimony. His autopsy report says that the cause of death was a "bullet wound to the torso which entered from the back." Taking into account these facts, this Commission has come to the conviction that José Espinoza was executed by government agents thus violating his right to life.
            
            On October 27, 1973, Luis Antonio ABARCA SANCHEZ, 22, a worker, was executed. Witnesses saw him arrested by police in the La Victoria shantytown on the night of October 26, while he was returning from a party with other people. A few days later his family found his dead body at the Medical Legal Institute in Santiago. In the autopsy report that agency noted that he died as a result of twenty bullet wounds. Since the last information about Abarca comes from the moment of his arrest by police, and since he was killed a few hours later, this Commission came to the conviction that hcame to the conviction that he was executed by government agents in violation of his right to life.
            
            On October 30, 1973, Pedro Antonio FERNANDEZ BURGOS, 54, a street vendor, was killed by soldiers. That day his wife had a dispute with a neighbor woman who then went to complain to the police station in Padre Hurtado. A group of soldiers was present at that moment. At about 4:00 p.m. four soldiers came to Fernandez' house, and proceeded to arrest him and his wife. They were taken to that same police station, where a soldier showed them a document, apparently the neighbor's accusation, and asked them what they thought about it. Neither of them knew how to read, however, and they did not know what it was concerning. Since they said nothing, the soldier continued asking them, and became increasingly angry, until finally he opened a drawer, drew out a weapon and shot Pedro Fernandez in the presence of his wife. They immediately took him to the hospital in Peñaflor, where he died at 4:25 p.m. On the basis of the statements and evidence it received, the Commission came to the conviction that Pedro Fernandez was executed without any due process of law by government agents who were abusing their power.
            
            On October 31, 1973, Juan de Dios MARTINEZ PEREZ, 24, a vendor, was killed. He was last seen on October 23 at the gate of the Santa María Clinic where he worked selling flowers. His body was later found in the Mapocho River by the Oriente Bridge and sent to the Medical Legal Institute by the Pudahuel airport police unit. The body bore bullet wounds, and according to the death certificate, he died on October 31. The body was identified by relatives and buried in the General Cemetery. The Commission came to the conviction that Juan de Dios Martínez Pérez died as a result of the prevailing political violence, and that government agents were presumably involved.
            
            On November 3, 1973, Pedro David OTAROLA SEPULVEDA, 22, a slaughterhouse worker, was killed. Police arrested him that day along with a friend while they were inside a business located near bus stop number 46 on Avenida Santa Rosa and took them to the local police station. Witnesses have testified that the day after the arrest Otárola and others were taken out of the police station where they were being held. He died as a result of bullet wounds to the head and torso, as indicated in his death certificate. This Commission has accordingly come to the conviction that the death of Pedro David Otárola was the result of an act of that violence that was characteristic of the period under examination.
            
            On November 11, 1973, Guillermo IBARRA FUENTES, 32, an employee at SERVIU (Housing and City Planning Service) was arrested at his home by a Chilean Air Force patrol. He had fought with his wife, prompting her to go looking for a nearby patrol. Ibarra resisted the patrol's efforts to arrest him and one of the members shot him in the chest, leaving him fatally wounded. He was taken to Emergency Clinic No. 4 in ñuñoa and died there a few hours later. The Commission came to the conviction that Guillermo Ibarra Fuentes died as a result of the use of excessive force by members of that air force patrol, thus gravely violating human rights.
            
            On November 18, 1973, Juan Fernando MILLAS VELIZ, 31, a mechanic, was killed. On the night of November 17, he was driving his small Citroen south along Gran Avenida. Just as he was passing the Twelfth police station, troops there shot and wounded him. He was taken to the Barros Luco Hospital and died there at 5:00 a.m. on November 18 of a "perforating bullet wound to the abdominal cavity." According to the autopsy report, the bullet was shot from a distance. The account provided by the police in their official report asserts that Millas was moving about during the curfew period, and therefore they shot him. However, the hospital record shows that Millas entered at 11:05 p.m. when the curfew began at 11:00 p.m., and thus the claim of the authorities is not very plausible. Accordingly, this Commission has come to the conviction that Juan Fernando Millas was killed as a result of the use of excessive force by government agents.
            
            On November 26, 1973, Miguel Andrés HEREDIA VASQUEZ, 23, an unmarried office worker who was a shantytown leader and active in the Communist party, was arrested. Air force troops carried out the arrest at the emergency room in the Barros Luco Hospital, his workplace, in the presence of witnesses. He was taken to the Air Force Special Forces School in Santiago, where he was listed as among the prisoners. Around January 4 he was taken to the Air Force Polytechnical Institute. From there he wrote to his family telling them he was well. Around January 9, 1974, he was taken to the prison camp in Tejas Verdes. There he was seen by witnesses and with one of them he was put into a lineup on January 28. Since that moment his whereabouts have been unknown. His family adds that officials at SENDET (Executive National Secretariat of Prisoners) acknowledged that Heredia was arrested and said he was being held in solitary confinement. Nevertheless, the Ministry of the Interior denied that he had been imprisoned, as indicated in the judicial inquiry into his disappearance. For the reasons given, this Commission came to the conviction that Miguel Heredia was subjected to forced disappearance while he was being held in custody by government agents, and that his essential rights were thereby violated.
            
            On November 26, 1973, the following persons were executed:
            
            Juan Domingo ARIAS QUEZADA, 17, an unmarried student who was active in the Socialist party and a member of the José Martí group;
            
            Mario Francisco ZAMORANO CORTES, 33, an unmarried student who was active in the Socialist party and a member of the José Martí group;
            
            Juan Carlos MERINO FIGUEROA, active in the Socialist party and a member of the José Martí group;
            
            Juan Jonás DIAZ LOPEZ, 24, a student who was active in the Socialist party and a member of the José Martí group; and
            
            Que Phung TRAN HUYNH, a Vietnamese who had a doctorate in biochemistry and nuclear medicine.
            
            In the early morning of November 27, residents in El Arrayán heard a heavy vehicle climbing the road. Around 4:00 a.m. they heard many shots. During the day a resident found the bodies of those listed above in lot No. 38 of El Arrayán. There was a sign mentioning the MIR and calling them "traitors."
            
            Their death certificates indicate that they died of multiple heavy caliber bullet wounds. Several of the bodies had wounds different from those caused by bullets, and were described as "many kinds of cuts of various kinds on the right forehead," "many traumas in a number of body parts produced by blunt objects and hot objects," and "many bruise wounds in various places on the body." In addition the autopsy reports said two of them were tied up.
            
            Family members say that their own investigations indicated that the group had tried to take asylum in an embassy and were caught by a patrol which then arrested them. They also say that troops from the Tacna Regiment had previously come looking for one of the victims and said that he should present himself to that military unit. Bearing in mind the testimony it has examined, that the autopsy reports establish that the victims were executed during the curfew period with high caliber weapons and that their bodies bore wounds compatible with their having been tortured before death; the fact that troops had come looking for at least one of them during the previous days; that they shared a common political activism, and taking into account the general features of the period in which these events took place, the Commission has come to the conviction that these people were executed by government agents, and suffered a grave violation of their right to life.
            
            On December 1, 1973, Jacob Daniel AGUILAR GARRIDO, 21, a worker, and Blas Javier VICENCIO ARRIAGADA, 20, were killed. They were arrested that day by air force troops in the Manuel Larraín shantytown of Pudahuel where they lived. The next day Aguilar's family says that air force personnel informed them that he was at the Medical Legal Institute. Police from Las Barrancas found both bodies in the San Pedro estate of Las Barrancas near the west end of the Américo Vespucio beltway. From there they sent the bodies to the institute. According to the autopsy, the cause of death was a "perforating bullet wound to the thorax and lungs" for Aguilar, and a "perforating bullet wound to the head" for Vicencio. They were said to have died December 1 at 9:10 a.m. By reason of the evidence gathered, and the cause of their deaths, this Commission has come to the conviction that Jacob Daniel Aguilar Garrido and Blas Javier Vicencio Arriaga were killed as a result of the violence of that time, and that government agents were presumably involved.
            
            On December 6, 1973, Sergio Hernán RAMIREZ PEÑA, 17, a student, was killed. As Ramírez was leaving his house in the La Legua shantytown, a military patrol went by chasing some young people. One member fired, hit Ramírez, and killed him. The autopsy report indicates that the cause of death was a "perforating bullet wound to the neck," and adds that "the path of the bullet was from back to front, right to left and top down." In accordance with the evidence mentioned, this Commission has come to the conviction that Sergio Ramírez died as the result of an excessive and indiscriminate use of force, and hence he is regarded as the victim of a human rights violation committed by government agents.
            
            On December 8, 1973, Gerardo GODOY BELLO, 26, a worker, was killed. Evidence presented to this Commission established that Godoy was arrested at the door of his house in the Barrancas district by a military patrol. His body was later found in the Mapocho River, in the vicinity of the Pedro de Valdivia Bridge. According to the death certificate the cause of death was a "perforating bullet wound to the face and head." The time was registered as 10:00 a.m. that same December 8. In view of the events sketched out here, this Commission came to the conviction that Gerardo Godoy died as a result of actions by government agents and thus his essential rights were violated.
            
            Very early on the morning of December 9, 1973, Juan René Alberto VASQUEZ ORTIZ, 25, a worker who was active in the Young Communists, was executed. The previous night Vásquez had come hurrying back to his house in the Quinta Normal district together with other neighbors because they had been still out in the streets when curfew began. A few moments later a military patrol showed up and in the presence of witnesses proceeded to arrest all the males in his house. Those who witnessed these events testified that the military, after taking them away, forced them to run and immediately shot at them. Since Vásquez refused to obey that order, a soldier shot and hit him in the thoracic region. The injured were then taken in an ambulance to the Félix Bulnes Hospital. Vásquez died there at 5:00 a.m. on January 9 as the result of a penetrating bullet wound, as stated on his death certificate. Juan Vásquez' autopsy report states that "the shot was what in legal medical terminology is called from short range," thus corroborating what the witnesses said. On these grounds, the Commission came to the conviction that Juan Vásquez was executed in total disregard for the law by government agents and he thus suffered a grave human rights violation.
            
            On December 10, 1973, Waldo Antonio BELLO BELLO, 35, a merchant, was killed. That day Bello went to play soccer after work and did not return home. His body was found at the Medical Legal Institute days later. The cause of death was "the series of bullet wounds to the torso and head". The ballistic reports sought and obtained by this Commission indicated that two types of weapons were used, and their features fit the description of the kind of weapons commonly used by the police. Bearing this point in mind, and the general characteristics of the time when these events took place, this Commission holds the conviction that the death of Waldo Bello was the work of government agents and that his human rights were violated.
            
            On December 13, 1973, Bautista VAN SCHOWEN VASEY, 30, a married surgeon who was a member of the political commission of the MIR, and Patricio MUNITA CASTILLO, 22, a law student, were arrested at the Capuchin church in Santiago. A contingent of police and non-uniformed personnel arrested them and a priest of the Capuchin church along with another unidentified person on the afternoon of December 13 inside the church and in the presence of witnesses. As was attested by eyewitnesses to the arrest, they did not offer resistance, and their captors loaded them onto a police bus and took them to an unknown destination. The priest was released after spending eight days in jail. Van Schowen, Munita, and the unidentified third person had come to the church early in the month and were being sheltered there temporarily.
            
            Bautista Van Schowen was a well known MIR leader who ever since September 13 had been publicly summoned and ordered to report to military authorities Newspapers were reporting that the junta was offering a 500,000 escudo reward to the person "who provides evidence making it possible for government forces to locate and arrest" some of the people mentioned on a list, including Van Schowen. On the other hand, the Santiago daily, El Mercurio, on August 24, 1974 reported that "...on December 13, 1973, shortly after the military proclamation of September 11, the dangerous subversive Bautista Van Schowen Vasey was arrested for grave crimes, which are sufficiently attested in the case against him prepared by the First Military Prosecutor's Office of Santiago. Currently...he is being held in a prison somewhere in the country." The same month the Ministry of the Interior offered similar information in the judicial inquiry into his disappearance when it stated that "Bautista Van Schowen is in the hands of the First Military Prosecutor's Office in Santiago." The ministry retracted that statement the following month when it said that "an unintentional error of fact was committed, since actually the one who was imprisoned in the public jail in Santiago...was Roberto Fernando Van Schowen Vasey, and not his brother, Bautista."
            
            Finally in February 1978, in response to an inquiry from the OAS (Organization of American States) Interamerican Human Rights Commission, the military junta replied that Van Schowen "... travelled to Cuba on February 2, 1973 with Chilean passport No. 2743 and there is no indication of his return to the country." In other reports to the courts, officials at that time denied that Bautista Van Schowen had been arrested or that he was in the hands of any tribunal.
            
            Nevertheless, this Commission cannot accept the official account reporting that Van Schowen left the country in February 1973 and did not return, or that he was not arrested, since after that date he was one of the most wanted political figures, and the junta had offered a monetary reward for his capture, and there are eyewitnesses to his arrest by police in December 1973. We may also add the confusing official and newspaper accounts of his legal situation.
            
            Patricio Munita's dead body was found in Américo Vespucio at a 3,600 meter elevation on December 14, and it was later buried in Lot 29 of the General Cemetery as ordered by troops who came to the cemetery, according to eyewitnesses to the event. Two months later his family was able to have the body exhumed and to identify it. It has not been possible to establish the identity of the person arrested along with Van Schowen and Munita nor what happened to him.
            
            In view of all the evidence indicated, this Commission has come to the conviction that Patricio Munita was killed by government agents in total disregard for the law, that Bautista Van Schowen disappeared by force also at the hands of government agents, and that both suffered grave human rights violations.
            
            On December 19, 1973, Jorge Pedro PACHECO DURAN, 20, a craftperson who was active in the Christian Left, and Denrio Max ALVAREZ OLIVARES, 17, a university student and leader who was an active Communist, were executed. They were arrested by investigative police at Pacheco's home on December 3, 1973. Several other left activists were arrested along with them and soon released. They were taken to the central headquarters of the investigative police and then to the local prison and finally to the Buin Regiment, for interrogation. From that point on there was no trace of them until their dead bodies turned up at the Medical Legal Institute. The autopsy report on Alvarez says that the cause of death was a "bullet wound," and that of Pacheco says that he died of "three bullet wounds to the torso and one to the head." The Commission has come to the conviction that they were executed by government agents in an action that gravely violated their human rights. The grounds for this conviction are that it is established that they were arrested, that they were killed by bullet wounds, that they were politically active, that they died while in the custody of the police and military, and that there was no official explanation of their deaths.
            
            On December 19, 1973, José Braulio ASTORGA NANJARI, 55, a furniture maker who was a member of the Council on Supplies and Prices and active in the Communist party, was arrested. Witnesses observed as two armed and ununiformed men along with heavily armed police from Station No. 17 detained him while he was working in his shop. He was taken to the station where he was held "in transit." He has disappeared since that time. The government officially recognized his arrest and declared that he had been released on December 26, 1973, and that his whereabouts were unknown. Since it is established that he was arrested, both because it was observed by witnesses and because it was officially acknowledged by the government, this Commission cannot accept the official account that he was released for the following reasons: Astorga was active in the Communist party and also in the Council on Supply and Prices, and it can be reasonably presumed that he was arrested by security agents and that the function of the police was simply to hold him in custody; it is presumed that he was subsequently imprisoned at Tejas Verdes; to this day there is no record of his leaving or entering the country after his arrest nor of his registering to vote. In view of these facts, this Commission has come to the conviction that José Braulio Astorga was arrested and disappeared by force at the hands of government agents in an action that gravely violated human rights.
            
            On December 19, 1973, Nelsa Zulema GADEA GALAN, 29, a Uruguayan secretary at CORVI (Corporation for Housing) who was assigned to the Soviet company, KPD, was arrested. She disappeared on December 19, 1973 from her workplace on Calle Condell, in the Providencia district, just as a military patrol visited the place. Around that time her house and those of several friends were searched. Since that day she has remained disappeared and there is no information on her whereabouts. This Commission has come to the conviction that she was subjected to forced disappearance, presumably by government agents, since witnesses have testified that she was arrested, and in view of her political activity and the fate of foreigners who were connected to revolutionary movements in the country at that time. Despite the journeys her family undertook to find her, they never had further word about her either in Chile or elsewhere.
            
            On December 21, 1973, the following five members of the Communist cell of the local Galo González committee of the La Legua shantytown, who were accused of being involved in a so-called "Plan Leopard," were executed:
            
            Carlos Alberto CUEVAS MOYA, 21, a university student who was in charge of the local committee of the Communist party. On December 20 he was arrested by civilians in his mother's house and in the presence of witnesses.
            
            Pedro Patricio ROJAS CASTRO, 21, a local leader of the Communist party. On December 20 a group of civilians carrying weapons arrested him at his house in the presence of witnesses.
            
            Luis Emilio ORELLANA PEREZ, 25, an employee of the Czechoslovakian embassy who was active in the Communist party. On December 19 a group of civilians arrested him and his fiancée in the La Granja district. His fiancée lived in the La Legua shantytown and was active in the local committee of the Communist party. She was at an aunt's house at that moment because men in civilian clothes had come to her house looking for her. Both of them were arrested when their captors came to the aunt's house with one of her sisters in hand as a hostage. They then released her sister.
            
            Alejandro Patricio GOMEZ VEGA, 22, a merchant who was an active Communist. On December 18 when the person who had contracted them for a painting job stopped to make a telephone call [sic]. At that moment a group in civilian clothing came forward, threatened them with weapons, put them in one of the vehicles they were driving, and took them to an unknown destination.
            
            Luis Alberto CANALES VIVANCO, 27, an office worker who was active in the Communist party. On December 20 he was arrested by men in civilian clothes at his home in the presence of witnesses.
            
            On December 22, the newspapers published a communique signed by the Public Relations Department of the army high command: "Five terrorists dead and two soldiers gravely wounded was the result of an operation carried out last night in the area of high tension electrical lines in Cerro Navia... when a group of terrorists tried to blow up the electrical towers... They were carrying documents that outlined in detail the organization and operating system for the so-called Plan Leopard. This is proof that the extremist groups were preparing different kinds of actions in order to produce grave disturbances." The victims' families learned of their deaths through radio and newspapers which prominently featured the news. The archdiocese of Santiago helped them obtain their remains from the Medical Legal Institute for burial.
            
            Cuevas' death certificate stated that the cause of death was "acute loss of blood." The body showed bleeding, multiple bullet wounds, and only one eye was left. The cause of Rojas Castro's death was said to be "multiple bullet wounds" and his hands were swollen and had no fingernails, his right arm was broken and his head was smashed. The body of Gómez Vega had fourteen bullet holes, and on both ankles and wrists there were circular sores; the cause of death was "multiple bullet wounds." Canales Vivanco was said to have died of "bullet wounds to the abdominal thorax" and the body had seven bullet wounds. Orellana Pérez had fifteen bullet wounds and his body showed cuts, raw skin and sores on the wrists and ankles. The cause of death was a "perforating bullet wound to the head."
            
            The Commission has received numerous credible and consistent statements by witnesses which provide an account that differs from the official version. All these Communist activists were arrested between December 18-20, 1973 by the same agents together with others who were later released. They were all loaded onto the same vehicle and taken to an unknown destination. As a group they were subjected to torture and mistreatment and were individually interrogated about where they supposedly had weapons hidden in La Legua. They were then thrown together into a single cell where according to witnesses, Patricio Castro died of shots fired by his captors. The families of some of the victims were subsequently subjected to searches, persecution, and arrest.
            
            This Commission has come to the conviction that these five young men were executed without any due process of law by government agents, and that their human rights were gravely violated. The primary elements of support for that conviction are the following:
            
            
            • The Commission finds the official account implausible since it is established that they were arrested and were being held during the days before the supposed gun battle. In addition, the bodies showed signs that both hands and feet had been tied and there were obvious indications of torture.
              
              
            • The political activism of the victims and their direct involvement with a particular cell of the Communist party and the official effort to connect them to a so-called "Plan Leopard" made them targets for actions like that which cost them their lives. During this time there were other instances in which the press alerted public opinion to a "Black Christmas" that the Communist party was said to be preparing.
              
              
            • The army report that came to this Commission providing information on its own wounded and dead and on the circumstances in which they occurred between September 11, 1973 and March 11, 1990 does not give any information on the existence of "Plan Leopard" nor does it give the names of the two soldiers who, according to the official version at that time, were wounded in the shootout.
              
              
            On December 21, 1973, Juan Pablo BARRA DUARTE, an employee in the bottle making company, Orlandini, S.A., disappeared. His family last saw him that day when he left for work in the morning. His wife found his body at the Medical Legal Institute on December 24. The body bore bullet wounds. The death certificate states that the time of death was 11:00 p.m. on December 21 at the San Pedro de Las Barrancas farm. The cause of death was penetrating bullet wounds to the face and head, and to the abdomen. According to the autopsy report, the shots were fired from a distance. The witness accounts indicate that Juan Barra left the job with his co-workers that afternoon and that later at bus stop No. 1 on Gran Avenida he separated from the group and ran toward his house since the curfew hour was approaching. Although the Commission is unfamiliar with the circumstances under which he was killed, given the context of these events, the cause of death, and the place where his remains were found, the Commission has come to the conviction that Juan Barra was the object of use of excessive force by government agents and hence in violation of human rights.
            
            On December 22, 1973, Manuel David CACERES MUÑOZ, 60, a municipal worker, was killed. He was arrested during curfew on December 20, 1973 by police who proceeded to give him a heavy beating. His death certificate says he died on December 22, 1973 at the Barros Luco Hospital of a miocardiac arrest that halted his heartbeat. Police had taken him to the hospital. His family says that before he died he told them his captors had beat him. This Commission holds the conviction that Manuel Cáceres died as a result of the use of excessive force by government agents. Its grounds are that he was arrested by such agents and died while he was in their custody.
            
            On December 25, 1973, María OSORIO RODRIGUEZ, 25, lost her life. She was in the front yard of a friend's house in the Carrascal area when shots were fired at both of them from a military jeep that was passing through the area. She was hit in the head and her friend in the leg. After examining statements by witnesses, the Commission has come to the conviction that María Osorio died as a result of excessive and improper use of force by government agents who were presumably trying to assure that curfew was observed.
            
            On December 29, 1973, René Claudio Roberto CARRASCO MALDONADO, 27, a union leader at the Roberto del Río Hospital who was an active Socialist, was killed. On December 21, 1973, air force troops arrested him and another person at the hospital after they had presented themselves in response to a summons from the hospital director. They were then taken to the Artillery Regiment of the Chilean Air Force, and there, according to the testimony of his fellow prisoner, Carrasco was repeatedly interrogated and tortured. They had only sporadic contact since Carrasco was kept in solitary confinement most of the time. On January 1, 1974, Carrasco's body was turned over to his family with the explanation that he had taken his own life. According to the autopsy report the cause of death was "asphyxiation by hanging."
            
            The Commission came to the conviction that his human rights were violated. To begin with, it is not at all plausible that Carrasco would commit suicide since he was being held subject to the usual rules of solitary confinement, that is, without having access to anything that would enable him to attempt to take his own life. Even if, however, he had taken his own life, this is still a human rights violation since when he died, he was being subjected to great physical and emotional pressure, being held in solitary confinement, and subjected to torture at the hands of government agents, and so he may have been impelled to decide to take his own life as a way of ending his suffering.
            
            On December 30, 1973, Angel Clodomiro ROMAN VERGARA, 26, a worker who was an active Socialist, was publicly arrested by police in the presence of witnesses. His family looked for him in different places, until they found him at the Medical Legal Institute. The time of death indicated on the death certificate was 9:45 a.m. on December 31, and the cause was "multiple perforating bullet wounds to the torso and head." This Commission has come to the conviction that he was executed by government agents, inasmuch as he died of gunshot wounds a few hours after being arrested, and thereby suffered a violation of his human rights.
            
            

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Posted by USIP Library on: October 4 2002
Source: Report of the Chilean National Commission on Truth and Reconciliation
(Notre Dame, Indiana: University of Notre Dame Press, 1993), vol. I/II, Part Three, Chapter One (A.2.a.2), 224-238.
Note: Digitized and posted by permission of the University of Notre Dame Press, February 22, 2000.