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)
            
            Lonquén
            

            On October 7, 1973, starting at 9:45 p.m. eleven people from three farmworker families in the Isla de Maipo area were arrested in their homes. The action lasted for an hour and a half and was conducted by police from the Isla de Maipo headquarters who were driving around in a pickup that belonged to the owner of the farm on which those arrested had their homes. Although the agents did not have any warrant to arrest people or make raids, all the detained persons' homes were searched, and their relatives were threatened and sometimes treated with unnecessary violence. Those who were arrested and transferred to that headquarters were:
            
            Enrique René ASTUDILLO ALVAREZ, 51,
            
            Omar ASTUDILLO ROJAS, 20,
            
            Ramón ASTUDILLO ROJAS, 27,
            
            Carlos HERNANDEZ FLORES, 39,
            
            Nelson HERNANDEZ FLORES, 32,
            
            Oscar HERNANDEZ FLORES, 30
            
            Sergio MAUREIRA LILLO, 46,
            
            José MAUREIRA MUÑOZ, 26,
            
            Rodolfo MAUREIRA MUÑOZ, 22,
            
            Segundo MAUREIRA MUÑOZ, 24, and
            
            Sergio MAUREIRA MUÑOZ, 27.
            
            Eyewitnesses to these events have told this Commission that those arrested were put onto a truck tied up and held lying face down. The police agents rode standing on top of them. When they arrived at the police station they were beaten.
            
            That same day four youths who were in the Isla de Maipo Plaza were arrested by police officers and sent to the same headquarters. Their names are:
            
            Miguel BRANT BUSTAMENTE, 22, a farm worker;
            
            José HERRERA VILLEGAS, 17, an occasional worker;
            
            Manuel Jesús NAVARRO MARTINEZ, 20, a bicycle shop employee; and
            
            Iván ORDOÑEZ LAMA, 17, who had no trade.
            
            After the families had made unsuccessful efforts to find them for some time, habeas corpus was introduced for the eleven farm workers in 1974. During the course of this habeas corpus, the deputy chief of the Isla de Maipo police headquarters declared in an official statement sent to the First Appeals Court in Santiago, that "they were in fact arrested in October of last year by members of this unit and were sent to the prisoner camp at the National Stadium for reasons listed in an unnumbered memorandum which is dated October 8. They were admitted to the stadium according to the signature on the other side of the copy of that memorandum which apparently reads 'Second Sergeant González.' A copy of that document is here enclosed."
            
            However, in 1978 the Catholic church received an anonymous report that there were human remains in an abandoned mine in Lonquén. As a result, the special judicial investigator, Adolfo Bañados Cuadra, undertook a judicial investigation. When he then declared himself incompetent, the military prosecutor, Gonzalo Salazar Swett, took charge of the case. In making their statement to the judicial investigator and military judge, the police officers who took part in the arrest gave this account: on October 8, 1973, at around 1:00 a.m., they decided to transfer all the prisoners to the National Stadium detention center. They stopped at the Lonquén lime ovens because a prisoner had said that weapons were hidden in an abandoned mine in the area. There they let the prisoners out, and while they were walking toward the ovens, an armed attack broke out against the whole group. As a result of that action, all the prisoners were killed, but there were no casualties among the official forces. Fearing reprisals from the victims' families, the police officer in charge decided to bury the bodies in the abandoned ovens.
            
            On April 4, 1979, the specially appointed judicial investigator issued a resolution in which he declared himself incompetent to continue investigating the case, and referred it to the Second Military Tribunal of Santiago. This resolution contains several supporting clauses in which it is established that the bodies buried in the Lonquén lime ovens are those of the fifteen people arrested on October 7, 1973 in Isla de Maipo and that that district's head of police was "directly involved in and responsible" for the death of those people "irrespective of the involvement and responsibility of those who were acting under his command. Likewise from the terms of his confession it is clear that he was involved in these actions during or on the occasion of police duty."
            
            In the resolution's supporting clauses 8 and 9 it was made clear that the account given by the police chief not only contradicted the evidence gathered in the investigation, but also that "it is inherently farfetched (and the same can be said of the statements given by those under him). In the shootout that is supposed to have taken place in the dark, it is impossible to imagine that the bullets flying back and forth hit only the prisoners and not the police who were practically right next to them, and that the shots were so accurate that they all instantaneously killed their victims without leaving traces elsewhere. In this regard, it is worth noting that none of the fifteen skeletal remains studied by the Medical Legal Institute showed signs of perforations, fractures, or other kinds of indications that could be related to bullets hitting a living organism. The death of these fifteen persons must therefore be attributed to other causes."
            
            Later the military prosecutor ordered that all those police who were on duty at the Lonquén headquarters be charged with the crime of unnecessary violence by causing the death of the prisoners listed above. A subsequent sentence definitively halted all proceedings against those accused of unnecessary violence, by reason of the terms of the 1978 Amnesty Decree law. That decision was confirmed by the military court.
            
            With regard to turning over the victims' bodies, the Second Military Prosecutor's Office officially told the Medical Legal Service to turn over the identified remains to their relatives. This official document stated, "... You are to turn over the remains of Sergio Adrián Maureira Lillo for burial once it is proven that the mourners are related by means of certificates of relationship... Since it is impossible to identify the remaining skeletons with the evidence available, let them be buried in accordance with the local law in Isla de Maipo since that is where they died."
            
            The very day that official document was sent, the relatives came together in the Franciscan church of the Recoleta to celebrate a funeral mass. While they were waiting for the remains to arrive, they were informed that without having consulted them, employees of the Medical Legal Service had buried all the bodies except that of Sergio Maureira Lillo in a common grave at the Isla de Maipo municipal cemetery.
            
            In response the relatives introduced a petition for review [recurso de queja]^w against the Second Military Prosecutor's Office in Santiago for "the error and abuse committed in not strictly complying with the order to turn over the bodies... and to determine the measures that could lead to repairing the injuries done to the plaintiff." The military court applied the disciplinary measure of a written reprimand. The Supreme Court nullified this disciplinary measure since, as stated in its ruling on January 4, 1980, "...the very judges who imposed this measure were those who issued the order for what procedure to follow..." The remains have not been exhumed since then.
            
            In accordance with all the elements mentioned and despite what the justice system has determined, this Commission holds the conviction that on-duty government agents at the Isla de Maipo police district headquarters were directly responsible for the death of the fifteen prisoners and the subsequent concealment of their bodies, and it thus regards them all as victims of the violation of their right to life.
            

            Paine
            

            In Paine, government agents, and specifically police and army personnel along with local civilians who collaborated in the repression that was aimed primarily at area farm workers, were responsible for grave human rights violations between September and November.
            
            On September 13, 1973, Pedro León VARGAS BARRIENTOS, 23, an unmarried MIR activist, was arrested. Police and civilians arrested him, and in the presence of many witnesses they beat and insulted him, and then took him to the Paine checkpoint. Since then his relatives have received no information about him. The Commission came to the conviction that government agents and the civilians who were acting together with them were responsible for the disappearance of Pedro Vargas, and that this action constituted a human rights violation. The grounds for that conviction are that it is sufficiently established that he was arrested and that subsequently there has been no further news about him, in addition to the fact that there were a large number of similar situations occurring in the area at that time.
            
            On September 14, 1973, Luis Nelson CADIZ MOLINA, 28, a merchant, was arrested by a civilian at his house and in the presence of relatives. Later it was said that he had been turned over to the police at the Paine district headquarters. Since then his whereabouts are unknown. The Paine police checkpoint acknowledged that he had been taken there but said that he had then been handed over to the San Bernardo Infantry School; the school, however, did not acknowledge that he had been taken there. This Commission came to the conviction that government agents were responsible for this prisoner's disappearance since, given the fact that his arrest is sufficiently established, it must have taken place while he was in their custody.
            
            On September 14, 1973, Alberto LEIVA VARGAS, 33, a married student of philosophy at the Catholic University of Chile who was the Buin area political secretary of the MAPU, was arrested. At 5:00 p.m. on September 14 he was arrested at his home by police from Paine. When his wife went to the police station to inquire about him, she was told that he had been handed over to military troops. On one occasion his name appeared on a list of prisoners in the National Stadium, but they said he could not receive visitors. The next day his name was no longer on the list. Based on this evidence, the Commission has come to the conviction that Leiva's disappearance is a direct result of his arrest and that government agents were responsible. The grounds for its conviction are that it is certain that he was arrested, and that all information about him ceased while he was in the custody of those who apprehended him.
            
            On September 15, 1973, Juan Humberto ALBORNOZ PRADO, 25, and Hernán Fernando ALBORNOZ PRADO, 23, both of them married agricultural workers, were arrested. Police accompanied by civilians arrested Juan Albornoz at work on September 15, 1973. They put him in a car trunk with other prisoners. The same police arrested Hernán Albornoz and his father as he was arriving at his parents' house. They were taken to the Paine substation, where witnesses observed as the police beat, interrogated, and shaved them. The next day a number of prisoners were released, including their father, but they remained at the substation. Their whereabouts since that moment remain unknown.
            
            On March 5, 1979, the police involved in these events were accused of the crime of aggravated kidnapping. These legal proceedings were formally halted in November 1981, and the appeals court upheld that decision on May 15, 1982. Taking into account the foregoing established facts, this Commission holds the conviction that government agents were responsible for the disappearance of these two people since it is sufficiently established that they were arrested and since there has been no further word concerning them since the time they were in their captors' hands.
            
            On September 16, 1973, executions in the area of Paine left two people dead:
            
            Ricardo Eduardo CARRASCO BARRIOS, a farm worker and MIR activist. Early that morning on Calle 24 de Abril a search operation took place in the house where Ricardo was living with another person. Witnesses observed that police accompanied by civilians made him run about twenty yards, insulted him, and then shot him in the back three times. The family asked the police station for permission to bury him, and was told they could do so within twenty-four hours. All the foregoing enables the Commission to come to the conviction that he was executed without any due process of law by government agents accompanied by civilians, that he made no effort to run away or resist imprisonment, and that this constituted a human rights violation.
            
            Saúl Sebastian CARCAMO ROJAS, 19, an unmarried worker. On September 16 was going toward his home in Paine when he heard that people he knew were being arrested. Police from Paine and area civilians pulled up in private cars. When he heard the cars Saúl jumped out through the backyard and went running as shots were being fired. A few moments later police came into the house, searched it, and took out Carcamo's father and a brother to the porch and then stripped and beat them. The police remained around the house for an hour, and then went away telling the family that no one should go out to the street. The next day the family learned that Saúl's dead body had been left nearby. They went there and saw the body which bore several bullet wounds. Policemen told the mother she could take the body away for burial. The Commission came to the conviction that Saúl Cárcamo died as the result of an execution which took place in total disregard for the law committed by government agents, and that it was thus a human rights violation. The grounds for this conviction are that he was not armed and did not attack police officers, and that they had the means to arrest him without killing him the way they did, if in fact that is what they intended to do.
            
            On September 17, 1973, four people who voluntarily presented themselves at the Paine police substation were executed. Their names are:
            
            Orlando Enrique PEREIRA CANCINO, 32, a farmer who was not politically active;
            
            Raúl del Carmen LAZO QUINTEROS, 38, a farmer;
            
            Pedro Luis RAMIREZ TORRES, 34, a farmer; and
            
            Carlos CHAVEZ REYES, a married farmer who was not politically active.
            
            They reported to the police station in response to a police summons through the president of the Paula Jaraquemada cooperative farm which had formerly been known as the San Francisco de Paine estate. They were arrested at the station. According to testimony received, early on the morning of September 18, a group of police and civilians took the prisoners out and drove off in a big commercial truck accompanied by several vehicles to Collipeumu hill. There they ordered them to get out and keep their hands up. They shot them down and threw the bodies into the Collipeumu River. When they were found in the river, their bodies bore many bullet wounds. Some of them had been mutilated in various parts of the body, and their eyes had been removed. An autopsy of the bodies was carried out on September 20, and in each case the conclusion was that the cause of death was bullet wounds. All the foregoing enables this Commission to come to the conviction that the prisoners were executed by government agents accompanied by civilians and that their human rights were thus violated.
            
            On September 18, 1973, Cristián Víctor CARTAGENA PEREZ, 30, a married elementary school teacher who was active in the Communist party, was arrested by the police in Paine. Police and civilians came to the school in Chada, where he was teaching. He was accused of being a subversive, and beaten to the point of unconsciousness, and then taken to the Paine police substation. On September 19, 1973, at that police station it is said that he had been released because there was no reason to hold him. Nevertheless, since that day there has been no evidence concerning the whereabouts and ultimate fate of Cristián Cartagena. The Commission came to the conviction that he disappeared at the hands of government agents, since it is established that he was arrested and it is unlikely that he was released, since there has been no word about him since that date, and many similar events took place in the same area at that time.
            
            On September 18, 1973, Francisco Baltazar GODOY ROMAN, 49, a married agricultural worker who was in charge of the Laguna de Aculeo agricultural cooperatives and president of the Buin and Paine area Committee of Small Farmers, was arrested. Police from Paine arrested him at the Huiticalán agricultural cooperative along with another worker who was released three days later. The previous day someone had told him that he was on a list of people to be arrested. Witnesses who saw him detained at the Paine substation say he was taken out at midnight and did not return. Since that date there has been no further information concerning the whereabouts and fate of Francisco Godoy. In view of the foregoing, this Commission has come to the conviction that government agents were directly responsible for his disappearance in violation of his human rights since it is established that he was arrested and he disappeared while he was being held in custody by his captors.
            
            On October 2, 1973, Luis Alberto DIAZ MANRIQUEZ, 30, a married agricultural worker who was an active Socialist, was killed at the San Bernardo Infantry School. He reported to the Paine substation in response to a summons to do so. At the police station relatives were told that he had been turned over to soldiers. At the Medical Legal Institute where his name appeared on the lists of bodies that had been brought in, they were told that he was buried in Lot 29. According to his death certificate he died at "12:00 noon on October 2, 1973. Cause: multiple bullet wounds to the torso. Santiago, Infantry School." The autopsy report states that the cause of death was multiple perforating bullet wounds to the torso, head, and abdomen. In view of the foregoing, the Commission came to the conviction that the government agents who held Luis Díaz under arrest were directly responsible for his execution, since his death was caused by the multiple bullet wounds that he sustained while he was being held prisoner at the infantry school.
            
            Between September 24 and October 3, 1973 at the El Escorial farm in Paine there were a number of instances in which people were arrested and then executed.
            
            On September 24, 1973, at about 4:00 p.m. troops from the San Bernardo Infantry Regiment riding in a truck and a jeep arrived at the El Escorial vineyard in Paine and arrested five farm workers. They took the workers to a soccer field and made them lie down on the ground. From there they took them to the Infantry Regiment base where they were held until about 10:00 p.m.. At that point the prisoners were blindfolded and put into a truck headed toward the Cerro Chena prison. Those arrested were:
            
            Héctor CASTRO SAEZ, 18, a single person who was not politically active;
            
            Juan Guillermo CUADRA ESPINOZA, 26, who was married and an active Socialist;
            
            Gustavo Hernán MARTINEZ VERA, who was married and not politically active;
            
            Juan Bautista NUÑEZ VARGAS, 33, who was married and an active Socialist; and
            
            Ignacio del Tránsito SANTANDER ALBORNOZ, 17, who was unmarried.
            
            On October 3 in the early morning, there was an operation in which thirteen more agricultural workers from the Paine area were arrested. This time troops from the San Bernardo Infantry Regiment, with their faces painted black, were traveling in a red truck. They went into the houses, took people prisoner, transported them to San Bernardo and then to the prison at Cerro Chena. The following thirteen people were arrested that night (along with others who were subsequently released):
            
            José Angel CABEZAS BUENO, 21, unmarried,
            
            Francisco Javier CALDERON NILO, 19, unmarried,
            
            Domingo Antonio GALAZ SALAS, 23, unmarried,
            
            José Emilio GONZALEZ ESPINOZA, 32, married,
            
            Juan Rosendo GONZALEZ PEREZ, 23,
            
            Aurelio Enrique HIDALGO MELLA, 22, unmarried,
            
            Bernabé del Carmen LOPEZ LOPEZ, 23, unmarried,
            
            Carlos Manuel ORTIZ ORTIZ, 18, unmarried,
            
            Héctor Santiago PINTO CAROCA, 34, married,
            
            Pedro Hernán PINTO CAROCA, 42, married,
            
            Aliro del Carmen VALDIVIA VALDIVIA, 39, married,
            
            Hugo Alfredo VIDAL ARENAS, 27, married, and
            
            Victor Manuel ZAMORANO GONZALEZ, unmarried.
            
            Several people who were held in the Cerro Chena detention center say they were taken there together with the people on the list. There they were kept blindfolded for the most part and were subjected to torture and interrogation. Subsequently some of them were released. The relatives of those who disappeared went to this prison several times, but there was no acknowledgement that the victims were being held. However, in habeas corpus 283-79 introduced for Ignacio Santander Albornoz and Juan Cuadra Espinosa, the head of the Interior Zone of the Departments of San Bernardo and Maipo says that "the prisoners Ignacio Santander Albornoz and Juan Cuadra Espinosa were discharged by the sentry guards of the Chena prison camp on October 4, 1973."
            
            In December the relatives were told at the Medical Legal Service that the remains of all these prisoners were registered and that they had been buried in Lot 29 of the General Cemetery. That same date residents found human remains near the Cuesta de Chada. The relatives went there and most were able to recognize scraps of the clothes that the prisoners had been wearing when they were taken from their homes. Police gathered the remains which were scattered about and sent them to the Medical Legal Service where the proper examinations were carried out. None of the persons were identified.
            
            In September 1990 the special appeals court judge Germán Hermosilla went to the Medical Legal Service in order to examine the remains that had been unidentified since 1974. The bodies that were finally identified belonged to the following persons: José Cabezas Bueno, Francisco Calderón Nilo, Domingo Galaz Salas, Emilio González Espinoza, Juan González Valdivia, Hugo Vidal Arenas, Manuel Zamorano González, Héctor Castro Saez and Juan Nuñez Vargas.
            
            According to the evidence gathered and indicated here, it is proven that government agents and civilians were directly involved in the detention and killing of prisoners on September 24 and October 3, 1973. Hence after identifying the remains of sixteen of these people, fourteen whose bones were identified in 1990 and two whom officials at the time acknowledged having executed, this Commission has come to the conviction that they all suffered a violation of their right to life.
            
            On October 8, 1973, Ramón Alfredo CAPETILLO MORA, 25, a married agricultural worker who was not politically active, and Jorge Orlando VALENZUELA VALENZUELA, 30, an unmarried agricultural worker who was not politically active, were arrested at the Campo Lindo agricultural cooperative. Around midnight that day a group of armed police arrived at the Capetillo home where Jorge Valenzuela was staying. They proceeded to arrest them and put them into vehicles driven by civilians who were waiting outside the house. The next day the family went to the Paine substation and was told that the two men were under arrest, and was asked to bring them food and clothes. That afternoon they were told that the prisoners had been transferred to the San Bernardo Infantry Regiment. Since Ramón Capetillo and Jorge Valenzuela were arrested by government agents with the help of civilians, it can be concluded that government agents were responsible for their disappearance, and thus for a violation of their human rights. This is based on the fact that it is sufficiently established that they were arrested and that subsequently there has been no further word about them.
            
            On October 10, 1973, José Gumercindo GONZALEZ SEPULVEDA, 32, a married local business employee, was arrested at around 4:00 p.m. by police. They were beating him as they took him out of his workplace and transferred him to the Paine substation. His wife took him food the night he was arrested. The following day witnesses observed police turning him over to soldiers who took him away in a military vehicle. After numerous inquiries, the family was informed at the Medical Legal Service that he was dead and that he had been buried in Lot 29 of the General Cemetery. They were given a death certificate which put the date of death as October 9, 1973 and the place as the Viluco Bridge within the El Carmen vineyard. All the foregoing enables this Commission to come to the conviction that government agents were responsible for his death while he was imprisoned.
            
            On October 13, 1973, several persons were arrested in the El Patagual and Rangui [sic] agricultural cooperatives in Paine, and five were later executed:
            
            José Manuel DIAZ INOSTROZA, 29, a farm worker;
            
            Francisco Javier LIZAMA IRARRAZAVAL, 34, married, an active Socialist, and president of the El Patagual agricultural cooperative in Paine;
            
            Juan Manuel ORTIZ ACEVEDO, 38, married, a farm worker, and president of the Rangue agricultural cooperative;
            
            Luis Celerino ORTIZ ACEVEDO, 36, married, a farm worker, and vice-president of the Rangue agricultural cooperative; and
            
            Jorge Manuel PAVEZ HENRIQUEZ, 35, unmarried, a farm worker, and vice-president of the El Patagual agricultural cooperative.
            
            That morning a military squad and one policeman in a jeep and a military truck came to the Rangue cooperative storage facilities. Carrying a list of names of people, including personal data, they proceeded to arrest the Ortiz Acevedo brothers, along with other persons who were subsequently released. That morning soldiers and one civilian also went to the El Patagual cooperative and arrested Jorge Pavez, Francisco Lizama, and José Díaz. Since that moment their families have heard no further word concerning those who were arrested. Even after going to various prison sites they obtained no information on their fate or whereabouts.
            
            Eyewitnesses told this Commission that the group of prisoners was taken to Cepillos hill and from there to the area of Pintué where they were held at the La Aguachera athletic field. That night they were taken to the Cerro Chena prison where they were subjected to torture and interrogation. Finally they were driven to the San Bernardo Infantry Regiment where they were held for about a week. Then these five prisoners were taken out of that facility and did not return. On November 13, 1973, a farmer found items of clothing and human remains at the Lo Arcaya cooperative in Paine. Troops sent the remains to the Medical Legal Service and there they were identified as those of the five prisoners. The cause of death was bullet wounds.
            
            Since these five persons were arrested by government agents and taken to a military base and later taken away, and since their bodies were found bearing fatal bullet wounds and buried illegally in the same area, this Commission came to the conviction that government agents were responsible for the deaths of each one of them, and therefore for violating their right to life.
            
            On October 16, 1973, twenty three persons were arrested at the Campo Lindo, 24 de Abril, and Nuevo Sendero agricultural cooperatives. Twenty-two of them remain disappeared to this day, although the body of one of them was recently found and identified. Early that morning troops from the San Bernardo Infantry Regiment, along with police and civilians from the area, carried out a military operation in those three cooperatives near Paine. They were armed and some had their faces painted. They were travelling in a red truck, a military jeep and other civilian vehicles. The troops proceeded to arrest twenty-three persons, searching their houses and several times using unnecessary violence. They were not allowed to turn on lights, but worked only with flashlights. Twelve of these people belonged to peasant families who were living in the 24 de Abril cooperative; two belonged to families in the El Tránsito cooperative but who worked at the 24 de Abril cooperative; seven were from the Nuevo Sendero cooperative; one was a merchant and the other a local industrialist:
            
            José Domingo ADASME NUÑEZ, 37, married;
            
            Pedro Antonio CABEZAS VILLEGAS, 37, married;
            
            Patricio DUQUE ORELLANA, 25, married;
            
            Carlos GAETE LOPEZ, 29, married;
            
            Luis Alberto GAETE BALMACEDA, 21, married;
            
            Jorge FREDES GARCIA, 29, married;
            
            Rosalindo Delfin HERRERA MUÑOZ, 22;
            
            Luis Rodolfo LAZO MALDONADO, 20, unmarried, and an active Socialist;
            
            Carlos Enrique LAZO QUINTEROS, 41, married;
            
            Samuel Altamiro LAZO QUINTEROS, 49, married, and an active Socialist;
            
            Samuel del Tránsito LAZO QUINTEROS, 24, married, and an active Socialist;
            
            René del Rosario MAUREIRA GAJARADO, 41, married, and an active Socialist;
            
            Jorge Hernán MUÑOZ PEÑALOZA, 28;
            
            Mario Enrique MUÑOZ PEÑALOZA, 24, married, and vice-president of the 24 de Abril cooperative;
            
            Ramiro Antonio MUÑOZ PEÑALOZA, 32, married;
            
            Silvestre René MUÑOZ PEÑALOZA, 33, married;
            
            Carlos Alberto NIETO DUARTE, 20, unmarried;
            
            Laureano del Carmen QUIROZ PEZOA, 42, married;
            
            Andrés PEREIRA SALSBERG, 54, married, and an industrialist;
            
            Luis Ramón SILVA CARREÑO, 43, married;
            
            Roberto Esteban SERRANO GALAZ, 34, married;
            
            Basilio Antonio VALENZUELA ALVAREZ, 35, married; and
            
            José Ignacio CASTRO MALDONADO, 52, an active Socialist.
            
            These people were arrested and taken to the Paine substation, where some of them were seen by their relatives. From there they were transferred to the San Bernardo Infantry Regiment. Since then their whereabouts remain unknown despite numerous efforts to find them made by their relatives in both government offices and the courts. Currently the specially appointed judge, Germán Hermosilla, is responsible for investigating all the events that took place in Paine in 1973, and he is examining all the previous legal proceedings.
            
            In a 1975 document the Chilean government told the United Nations that according to the records of the Medical Legal Institute the dead body of Carlos Gaete López had been brought in at 12:20 p.m. on October 18, 1973, and that his autopsy number was 3303 and his identification card No. 5338566 from Santiago. This information turned out to be false since Gaete Lopez' identification card is No. 53491 from Buin. The investigatory judge, Juan Rivas Larraín, determined that "autopsy report No. 3393 was that of an unidentified male sent by that agency's prosecutor's office whose death occurred at 10:00 p.m. on October 13, 1973, in the area of Quilicura." Twenty-two of the twenty-three people arrested on October 16, 1973 remain disappeared to this day. Since all the victims were arrested by government agents, as is established, and were transferred to installations under their responsibility and then disappeared from those installations, the Commission holds the conviction that government agents were responsible for their disappearances, and their human rights were thus violated.
            
            On October 20, 1973, a number of arrests took place in the Huiticalán, Patagual, and El Vínculo agricultural cooperatives in Paine. The action was carried out by troops from the San Bernardo Infantry Regiment, who that morning went to those places and arrested the following people:
            
            Santos Pascual CALDERON SALDAÑA, 28, a married farmer who was an active Socialist;
            
            Benjamín Adolfo CAMUS SILVA, a married farmer;
            
            Rolando Anastasio DONAIRE RODRIGUEZ, 49, a married farmer who was not politically active;
            
            Luis Osvaldo GONZALEZ MONDACA, 32, a married farmer who was not politically active;
            
            Pedro MENESES BRITO, 30, an unmarried farmer who was an active Socialist; and
            
            Juan Bautista OYARZO TORRES.
            
            The first to be arrested was Benjamín Camus who was seized as he was taking animals to graze on the hill. Next the troops went to the offices of the Huiticalán cooperative where they arrested Osvaldo González and Juan Oyarzo. Rolando Anastasio Donaire Rodríguez was arrested at the El Patagual cooperative. The prisoners were assembled on an athletic field in Pintué. At 5:00 they were put onto military trucks and taken toward Cuesta el Cepillo. Finally the next day Pedro Meneses Brito, the president of the El Vínculo cooperative, was arrested there. After that their families could obtain no further information on their whereabouts. In November 1973 they learned through the Medical Legal Service that the victims had all been sent there and buried in Lot 29 of the General Cemetery. Their families arranged to have them transferred to the cemetery in Aculeo. Their death certificates indicate that the time of death was 10:00 p.m. on October 23 at the Maipo Bridge and that the cause of death was bullet wounds. The foregoing facts enable this Commission to come to the conclusion that these people were executed three days after being arrested while the government was holding them imprisoned, and that their bodies were left alongside the Maipo bridge and then later transferred to the Medical Legal Institute by police. Their deaths constituted human rights violations for which government agents were responsible.
            
            On November 29, 1973, Manuel SILVA CARREÑO, 44, a married small farmer, was arrested in the Arco Iris agricultural cooperative. Five police arrived in a police truck and proceeded to arrest Manuel Silva inside his house in the presence of witnesses. Shortly thereafter his wife went to the Paine substation where she was told that he had been transferred to the San Bernardo Infantry School, but those in charge there did not acknowledge that he had been brought in. On August 14, 1980, a legal accusation of abduction was initiated. In that proceeding a witness gave testimony to the effect that he had been taken to the Paine substation with Silva and that there he saw police execute him. Police who had been working there when Silva was arrested declared that they had no knowledge of the incident and said that there were no arrests at that unit after the military proclamation. In 1982 the case was permanently suspended. The Commission came to the conviction that government agents were responsible for the disappearance of Manuel Silva, and that this was a human rights violation. The grounds for that conviction are that it is established that he was arrested and that there has been no trace of him since he was being held in detention by government agents and that such remains the case to this day.
            

            Peldehue
            

            In September 1973, Javier Enrique SOBARZO SEPULVEDA, 24, who was active in the Socialist party, a public employee, and a retired junior army officer, disappeared. On September 11 he was arrested together with one of his brothers at his home by a military patrol of the Parachute and Special Forces Regiment of Peldehue and was taken to its base. Witnesses relate that that day his captors shot him and then sent his body to the Medical Legal Institute, but Javier Enrique Sobarzo had not yet died. He was taken to the José Joaquín Aguirre Hospital where several witnesses saw him. After he had been there a few hours, soldiers removed his dying body in full view of those around. Since that date there has been no further word on his whereabouts. On the basis of the testimony already mentioned, this Commission is convinced that the human rights of Javier Sobarzo were violated insofar as he was arrested by, and disappeared in the hands of, government agents, who had previously attempted to execute him.
            
            On September 12, 1973, Moisés del Carmen COSSIO PEREZ, 32, was killed. He was arrested that day in his house before witnesses by troops from the Parachute and Special Forces Regiment of Peldehue. They took him to their headquarters. Some days later uniformed troops told his relatives that he was dead. His family identified the body at the Medical Legal Institute. The death certificate states that the cause of death was multiple bullet wounds. The Commission came to the conviction that Moisés Cossio's human rights were violated, since he was executed without any due process of law by government agents. That conviction is based on the following arguments:
            
            

            • It is established that he was arrested by troops from the regiment at Peldehue.
              
              
            • He died the day he was arrested.
              
              
            • The many bullet wounds on his body suggest that he died as the result of an execution similar to those that were taking place at that base in other cases presented to this Commission.
              
              
            • The short lapse of time between his arrest and death was not enough for him to have been given any kind of legal sentence, and furthermore there is no evidence of any.
              
              

            On September 20, 1973, Evaristo Segundo YAÑEZ ASTUDILLO, 34, a leader in the Council on Supplies and Prices in Lampa who was active in the Socialist party, was killed. That day troops from the Parachute and Special Forces Regiment at Peldehue arrested him at his parent's house in Lampa. He was taken to that regiment and was last seen alive there on September 18. Relatives later found his body at the Medical Legal Institute. The official cause of death was a bullet wound, and it occurred at 11:30 p.m. on September 20. The Commission is convinced that the death of Evaristo Yáñez constituted a violation of human rights, as it occurred without any due process of law by government agents. That conviction is based on the following arguments:
            
            

            • It is established that he had been previously arrested by troops from the Peldehue Regiment.
              
              
            • The many bullet wounds on his body suggest that he died as the result of an execution similar to those that were taking place at that base in other cases presented to this Commission.
              
              
            • The short lapse of time between his arrest and death was not enough for him to have been given any kind of legal sentence, and moreover, there is no evidence of any having taken place.
              
              

            On September 20, 1973, Manuel MALDONADO MIRANDA, 43, a small farmer and president of the El Esfuerzo Campesino rural cooperative, which used to be the Santa Inés de Lampa farm, was killed. On the morning of September 18 he and one of his sons were arrested by a military patrol from the Parachute and Special Forces Regiment at Peldehue. He was taken to their base. His body later showed up on a public thoroughfare and was sent to the Medical Legal Institute where his family located it. According to the autopsy report, the body bore many bullet wounds to the head and thoracic cavity and that death had taken place on September 20. This Commission came to the conviction that Manuel Maldonado suffered a human rights violation, namely that he was executed without any trial by government agents, on the basis of these considerations:
            
            

            • It is established by the word of numerous witnesses that he was held a prisoner at the Parachute and Special Forces Regiment at Peldehue.
              
              
            • The fact that he was a peasant leader made him a target for assaults on his rights as is proven by other killings which took place during this period.
              
              
            • The many bullet wounds his body sustained indicate that his death resulted from an execution similar to those being carried out at that base in other cases presented to this Commission.
              
              
            • The brief period of time between his arrest and death was not enough to permit any kind of sentence against him, and furthermore, there is no record of any having taken place.
              
              

            On October 29, 1973, Luis Alberto BARRAZA RUHL, 27, a worker, a retired junior army officer and former member of the presidential security guard who was an active Socialist, disappeared. That day he called his relatives and told them he was being held prisoner at the Parachute and Special Forces Regiment at Peldehue. That same day his house was searched by a military patrol led by the officer who had been his immediate superior when he belonged to the army and was assigned to that regiment. His house was later raided again. After that phone call there was no further word about him. This Commission came to the conviction that it was dealing with a violation of human rights, namely the arrest and subsequent disappearance of Luis Barraza, on the basis of the following considerations:
            
            

            • The phone call indicates that he was held prisoner at the Peldehue Regiment, and that is consistent with the fact that troops from that regiment raided his house that same day and on a later occasion.
              
              
            • His political activity and the fact that he was a retired junior army officer placed him in a situation similar to that of other persons who met their death in that same place.
              

            San Bernardo
            

            On October 1, 1973, army troops killed Mauricio CEA ITURRIETA, 33, president of the rural workers union of the La Rinconada farm in Chena, and Roberto AVILA MARQUEZ, 59, a Protestant pastor and worker at the machine shop of the San Bernardo railroad yard, who was active in the Communist party and the father of the San Bernardo alderman, who was also a Communist. On September 27 a military patrol arrested Cea at the farm where he worked. They took him to the house where the Communist party had its headquarters in San Bernardo, and there they arrested Roberto Avila, its owner. Both were later taken to the Cerro Chena detention site. Subsequently SENDET advised their relatives in writing that they had died at Cerro Chena on October 1, 1973, without stating the cause of death. Despite this acknowledgement, neither family ever received the body, and where they were buried remains unknown to this day. These established facts, namely that they were killed and no justification was ever offered, enable this Commission to come to the conviction that Mauricio Cea and Roberto Avila suffered human rights violations committed without any due process of law by government agents.
            
            On October 2, 1973, soldiers killed:
            
            Hugolino Humberto ARIAS NAVARRETE, 35, an agronomy professor in the Linderos area;
            
            Víctor Omar GALVEZ NORAMBUENA, 21, an agronomy professor in the Linderos area; and
            
            Nelson Joaquín MEDINA LETELIER, 23, an agronomy professor in the Linderos area.
            
            On September 11, 1973, classes were suspended by order of the new authorities until the situation in the country returned to normal. Teachers were later ordered to show up at their jobs on October 1 and so these three teachers came to teach their classes at the Rural Technical School in Linderos where they worked. Police from the Buin station were waiting for them and arrested them. They were also waiting for a fourth teacher, but at the train station he was warned not to show up because his colleagues had been arrested. That afternoon they were taken to the Buin police station and registered as "subversives" according to the station's arrest book. Nevertheless, that afternoon they were taken from there by an officer from the San Bernardo Infantry School and transferred to the Cerro Chena prison camp. The following day they were executed at that prison camp. According to the autopsy reports, their bodies bore multiple bullet wounds in the chest and head.
            
            The arrests were continually denied to the families, nor was the fact that they had died communicated. By other means, however, the families were able to find out what had happened, and they found the bodies buried in Lot 29 of the General Cemetery. The relatives of Hugolino Arias and Víctor Gálvez were able to have the bodies exhumed and identify them. The Commission came to the conviction that these people were executed without any due process of law by government officials in a violation of their elemental rights. The established fact that they were arrested and the manner in which they died constitute sufficient proof for that conviction.
            
            On October 4, 1973, Franklin Antonio VALDES VALDES, 28, a bookkeeper and president of the employees of the El Pino sanatorium who was an active Socialist, was killed by army troops. On September 28, 1973 a military patrol arrested him at the El Pino sanatorium and took him to the Cerro Chena prison camp. The family unsuccessfully searched for him at that site and elsewhere. According to testimony given to this Commission, Valdés was continually tortured while he was imprisoned and that was the cause of his death. The autopsy report confirms that fact in stating that he died of asphyxiation and states that there were various forms of severe damage to the thorax, the limbs, and the head; it particularly notes wounds to the ribcage and lungs. This leads to the conclusion that he was drowned in a barrel of liquid, and that the wounds resulted from his efforts to stay alive. The soldiers left his body on a public thoroughfare. It was buried in Lot 29 of the General Cemetery, and his family was able to have it exhumed in March 1974 and identify it. With the testimony and evidence it has in hand, the Commission has come to the conviction that Franklin Valdés suffered a grave human rights violation at the hands of government agents who tortured him to death.
            
            On October 6, 1973, the following people were killed by members of the army:
            
            Héctor Enrique HERNANDEZ GARCES, 17, a student at a private high school in Puente Alto who was sympathetic with the Young Socialists. He was arrested on September 27 at his home by soldiers who were trying to locate his friend, Francisco Viera.
            
            Arturo KOYK FREDES, 48, a worker in the machine shop at the San Bernardo train yard. He was arrested at his home in the early morning of September 28 by the same patrol that captured Mauricio Cea and Roberto Avila.
            
            Alfredo ACEVEDO PEREIRA, 27, worker in the machine shop at the San Bernardo train yard who was active in the Communist party.
            
            Raúl CASTRO CALDERA, 23, a worker in the machine shop at the San Bernardo train yard who was active in the Communist party.
            
            Hernán CHAMORRO MONARDES, 29, a worker in the machine shop at the San Bernardo train yard who was active in the Communist party.
            
            Manuel GONZALEZ VARGAS, 46, a worker in the machine shop at the San Bernardo train yard who was active in the Communist party.
            
            Adiel MONSALVES MARTINEZ, 41, a worker in the machine shop at the San Bernardo train yard who was active in the Communist party.
            
            José MORALES ALVAREZ, 31, a worker in the machine shop at the San Bernardo train yard and vice-president of the Workers Railroad Council who was active in the Communist party.
            
            Pedro OYARZUN ZAMORANO, 36, a worker in the machine shop at the San Bernardo train yard and a union leader who was active in the Communist party.
            
            Joel Guillermo SILVA OLIVA, 37, a worker in the machine shop at the San Bernardo train yard who was active in the Communist party.
            
            Ramón VIVANCO DIAZ, 44, a worker in the machine shop at the San Bernardo train yard who was active in the Communist party. (The same thing happened to Juan Guillermo Cuadra Espinoza, Gustavo Martínez Vera and Carlos Ortiz Ortiz, who had been arrested in Paine and taken to the Cerro Chena prison camp. Their story, however, is told in the section about the Paine area.) Troops arrested these eleven people on September 18, 1973 in an operation at the machine shop of the train yard at San Bernardo.
            
            Javier Antonio PACHECO MONSALVE, 31, a furniture maker who was for a time a member of President Allende's security guard, was arrested by troops on October 5. (His wife, María Isabel Beltran Sánchez, who was active in MIR, also disappeared after being arrested.)
            
            All these people were executed with many bullets on October 6, 1973 at the Cerro Chena prison camp. Their deaths are recorded in death certificates, many of which indicate that the place of death was the San Bernardo Infantry School. Although Arturo Koyck's [sic] death certificate gives the date of death as September 28, 1973, the Commission has evidence that enables it to declare that on October 6 he was killed along with the other railroad employees.
            
            Their relatives learned of their deaths only when they discovered the bodies at the Medical Legal Institute. In some instances their mourners were not able to recover the bodies which were buried in Lot 29 at the General Cemetery. In order to respond to the concern of relatives and fellow workers, military authorities in the area called a union meeting and stated that these people had been involved in paramilitary activities and had tried to run away from Cerro Chena, and therefore the military killed them. Witnesses who conversed with the workers while they were imprisoned, however, said that they had said that they were being accused of intending to blow up the gas meter or gas line of the machine shop, which would have meant blowing up half of San Bernardo.
            
            The Commission came to the conviction that the death of these people was a case of human rights violation and could not accept the version given to the family members for the following reasons:
            
            

            • There is no official document to support the story told by the military representative at the company that the victims had tried to run away, nor are there any news reports or judicial investigations to that effect.
              
              
            • The Commission heard witnesses' testimony concerning the conditions in which the prisoners were kept at Cerro Chena, which also militates against the idea that they tried to run away. The prisoners were blindfolded before arriving and were kept that way throughout their detention. Moreover, the camp was entirely surrounded by a barbed wire fence. The paths were lined on either side with small ditches into which the prisoners used to stumble because they were unable to see.
              
              
            • An effort to run away would have entailed a prior agreement among these people, but that was not very feasible since the imprisoned railroad workers were not held together but were distributed throughout various parts of the facility.
              
              
            • The autopsy reports state that all of them were killed by bullets, most shot uphill and from a distance. That corroborates the eyewitness accounts the Commission has received according to which the victims were removed from their cells and taken to the hill where they were obliged to go uphill while soldiers shot at them from behind.
              
              
            • All the bodies were sent to the Medical Legal Institute with the observation that they had been "found" at the San Bernardo Infantry School. This Commission determined that there was no judicial investigation into the discovery of the bodies at the military base.
              
              

            This Commission came to the conviction that all these people were executed without any due process of law by government agents.
            
            On October 11, 1973, Ricardo Jorge SOLAR MIRANDA, 23, a night watchman and shantytown leader who was a MIR activist, and Francisco Eugenio VIERA OVALLE, 19, a student leader at the State Technical University who worked at the Council for Supplies and Prices in his neighborhood and was active in the Socialist party, were killed by army troops. On September 19, Jorge Solar was arrested when he reported to the police station in response to a summons issued the previous day. A few days later he was transferred to the Cerro Chena prison camp. Later, on October 1, Francisco Viera was arrested at the house of an uncle and aunt and was likewise taken to the Cerro Chena prison camp. Both were executed by members of the army on the grounds of the camp on October 11.
            
            The Commission came to the conviction that these persons' human rights were violated by government agents in the form of an execution which took place without any due process of law. In coming to this conviction it took into account the following considerations:
            
            

            • It is established that at least one of the victims was being held prisoner at an installation under army control.
              
              
            • As is demonstrated by other cases from this same period, their political activity and social endeavors made them a target for actions like those that caused their death.
              
              
            • The manner of their death, from multiple bullet wounds, was the commonly used method of execution at that prison camp.
              
              
            • As is true of all previous cases, there is no evidence that the victims were brought before any war council, and so they were not executed as a result of any judicial decision.
              
              
            • Even though their official certificates note that the bodies were found at a military installation, there is no evidence of any investigation, either administrative or judicial, into such an irregular matter.
              
              

            On October 16, 1973, Bernardo Enrique MUÑOZ GUAJARDO, 19, was killed. According to his death certificate, he was killed on the former El Mariscal estate, now the technical high school, in Santa Elena by two bullet wounds, one of which was to the head. The Commission has not been able to determine the exact circumstances in which he was killed; however, taking into the account the place and cause of death, it has come to the conviction that at the very least Bernardo Enrique Muñoz was killed as a result of the political violence of that period.
            
            On October 21, 1973, Segundo Fernando VALDIVIA VASQUEZ, 20, and Miguel Angel VALDIVIA VASQUEZ, 16, who were brothers and were both workers, were killed by army troops. Troops from the San Bernardo Infantry Regiment arrested them along with their brother Víctor Eduardo that day at 2:00 p.m. at their home in San Bernardo in the presence of all their relatives. The three were taken to Cerro Chena, in the area called Bajos de San Agustín. There they were told to run and troops started shooting at them. Fernando and Miguel Angel died at the execution site, the former from bullet wounds to the torso and abdominal cavity, according to his autopsy report, and the latter of a bullet wound to the lung cavity, according to his death certificate. In view of the evidence it has in hand, this Commission is convinced that their human rights were gravely violated by government agents who executed them without any due process of law.
            
            On October 22, 1973, Víctor Eduardo VALDIVIA VASQUEZ, 18, a worker, disappeared. After surviving the execution attempt that had cost the lives of his two brothers the previous day, private citizens took him to the parish hospital in San Bernardo, where he was able to state what had happened to his brothers. On October 22, police abducted him from the hospital in the presence of witnesses. There has been no further word about him since that date. The Commission came to the conviction that he suffered a human rights violation by being imprisoned and then subjected to forced disappearance at the hands of government agents.
            
            On November 15, 1973, Luis Heriberto CONTRERAS ESCAMILLA, 43, an electrician who was active in the Socialist party, was killed. On November 10, Contreras Escamilla was arrested at his house by a military patrol. They also arrested one of his sons, although that took place elsewhere. Both were taken to the Cerro Chena prison camp. The newspaper reported that he had been arrested for "suspicious actions." According to statements made by witnesses to this Commission, on November 15, after he had been tortured while imprisoned, he was executed with two shots by soldiers within Cerro Chena. His body was left on a public thoroughfare, and from there it was sent to the Medical Legal Institute. The autopsy report, which mentions many wounds and sores, attests both to the tortures he underwent and to the cause of his death. Since it is established that he was arrested, and was held at a military base, that he was tortured and was killed by gunshots while he was imprisoned, and since there is no evidence that he underwent any judicial processing or appeared before a war tribunal, the Commission has come to the conviction that the killing of Luis Contreras constituted a human rights violation, inasmuch as he was executed without any due process of law by government agents.
            
            On November 22, 1973, Rudy Freddy VIDAL PEREIRA, 27, an office worker and leader in the El Olivo shantytown neighborhood organization who was an active Communist, was killed. Early that morning a military patrol came to his house and shot him inside his house and then took him away as he was dying. The death certificate indicates that Rudy Vidal died at the San Bernardo Infantry School that same day at 1:30 p.m. and that the cause of death was a perforating bullet wound to the torso and another to the abdominal cavity. In view of these accounts from witnesses and evidence, the Commission holds the conviction that Rudy Vidal was executed without any due process of law by army troops in violation of his human rights.
            
            On December 7, 1973, Manuel Tomás ROJAS FUENTES, 20, a reservist of the San Bernardo Infantry School and Juan Domingo MARTINEZ ALDANA, 42, a leader of the Confederation of Leather and Shoe workers who was a former Socialist candidate for alderman in San Bernardo, were killed. After September 11 Manuel Rojas was called up to rejoin the San Bernardo Infantry School since he was an army reservist. He was assigned to the Military Polytechnical School there, along with René Martinez, the son of Juan Domingo Martínez Aldana. On December 1, Rojas did not return home. His wife inquired about her husband at the Polytechnical School many times and was continually told that he had been sent on an official mission. In January, however, the commander's office of the San Bernardo Infantry Regiment officially informed her that he had been shot by a firing squad on December 7, 1973.
            
            Juan Domingo Martínez was arrested near midnight on December 3, by troops who said they were members of the military intelligence service. They did not say why he was being arrested nor where they were going to take him. He had already been arrested twice before. Martínez' relatives subsequently found his body at the Medical Legal Institute.
            
            According to the autopsy reports, the military prosecutor's office sent the bodies as unidentified. They were said to have died the day before of multiple bullet wounds. The Commission came to the conviction that Manuel Rojas and Juan Martínez were executed without any due process of law by army troops who violated their human rights. In doing so it was taking into account the following considerations:
            
            

            • It is established that Juan Martínez was arrested.
              
              
            • It is false that Manuel Rojas was on an official mission since he had already been executed. He was presumably imprisoned from the day he failed to return home. It should be emphasized that a document from the office of the undersecretary of war later said that he was "discharged from his unit along with his whole class on March 29, 1974," that is, more than three months after his death.
              
              
            • It is attested that troops from the San Bernardo Infantry Regiment were involved in both cases.
              
              
            • There is no record that either of them went through any legal processing or appeared before a war tribunal.
              
              
            • The type of death is similar to that of the other people who were killed by members of that same regiment.
              
              

            The cause of death of these people is connected to the next case.
            
            On December 8, 1973, René Máximo MARTINEZ ALISTE, 20, the son of Juan Domingo Martínez, an army reservist, was killed by army troops. He had rejoined the army after September 11 and had been reincorporated into the San Bernardo Infantry Regiment. He was assigned to the Military Polytechnical School there along with Manuel Rojas. On December 4, 1973, the day after his father was arrested, he presented himself at the Polytechnical Institute. He did not return home, and he had no further contact with his relatives after that day. When the relatives made inquiries at the Polytechnical Institute, they were repeatedly told that he was "on an official mission." After the funeral of Juan Martínez, family members learned that the body of René Martínez had been buried in Lot 29 of the General Cemetery. The autopsy report indicates that the body, bearing multiple bullet wounds, had been found on a public thoroughfare and sent there by the military prosecutor's office. The death certificate indicates that he died on December 8.
            
            The Commission came to the conviction that his human rights were violated by government agents who executed him without any due process of law on the basis of the following arguments:
            
            

            • It was not true that René Martínez was on an official mission, since in fact he had been executed. Presumably he was imprisoned from the day he failed to return home. It should be pointed out that a document subsequently issued by the office of the undersecretary of war indicates that he was "discharged from his unit along with his whole class on March 29, 1974," that is, more than three months after his death.
              
              
            • There is no proof that he underwent any legal processing or appeared before a war council.
              
              
            • The kind of death is similar to that of the other people who were killed by members of that regiment.
              
              
            • Information gathered by his relatives indicated that he was accused of being involved in a plan to organize a military countercoup. The grounds for these suspicions were that his father had been a Socialist party leader. This Commission has documented that investigations of this sort were taking place in that regiment.
              
              

w) Recurso de queja: The recurso de queja is a creation of Chilean jurisprudence to ensure that a court is correctly applying the law. Individuals may file a petition of review or complaint, the objective of which is to correct errors or abuses allegedly committed by a court.

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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), 238-258.
Note: Digitized and posted by permission of the University of Notre Dame Press, February 22, 2000.