PART THREE
Chapter Three (C.2)

August 1977 through March 1990 (continued)

3. PEOPLE KILLED IN MASS PROTESTS AND DEMONSTRATIONS (continued)
   
   
   2. CASES
      
      On May 11, 1983, when the first National Protest took place, two people were killed:
      
      Andrés Adalberto FUENTES SEPULVEDA, 22, a taxi driver. That night police moved into the La Victoria shantytown (Santiago) where demonstrations were taking place, and there was some disorder. Reliable witnesses have said that three police officers fired on the people and quickly withdrew after fatally wounding Andrés Adalberto Fuentes in the head. In view of the testimony and evidence it has examined, the Commission presumes that the police used excessive force and thus violated the human rights of Andrés Adalberto Fuentes and made the government morally responsible.
      
      Víctor René RODRIGUEZ CELIS, 16, a middle school student, was killed at the Lo Plaza Traffic Circle (Santiago) at night in the course of a demonstration. The autopsy report says he died of chest trauma from a penetrating bullet wound. The source of the shot cannot be determined on the basis of the evidence gathered by the Commission. However, the characteristics of the incident and its context, make it possible to come to the conviction that Víctor René Rodríguez died a victim of the political violence taking place at that time.
      
      On June 14, 1983, the second National Protest Day, four persons were killed:
      
      Patricio Alejandro YAÑEZ FIGUEROA, 14, a high school student, was hit by a bullet that night during street demonstrations near his house in the San Miguel district. The autopsy report says that the cause of death was "thoracic trauma due to a bullet." The evidence and testimony the Commission received do not agree on where the shots came from. In view of the overall context, the Commission came to the conviction that Patricio Alejandro Yáñez died a victim of the political violence prompted by the protest.
      
      Patricio RIOS PORTUGUEZ, 21, was enrolled in the Minimum Employment Program. He was killed by bullet wounds to the chest and abdomen during clashes between demonstrators and police on Avenida La Florida (Santiago). The testimony gathered by the Commission indicates that after the clashes during which demonstrators threw rocks and other objects at the police who responded with tear gas and bullets, three or four police were left behind. The people then charged at them throwing rocks and yelling that they should be lynched. Shots were then heard, and Ríos was hit by bullets. Given the situation of violence and the lack of evidence that would make it possible to state that government agents had used unreasonable force or that Ríos had attacked them, this Commission holds the conviction that Patricio Ríos died a victim of the situation of the political violence surrounding him.
      
      Leopoldo Albino SEGOVIA GIL, 20, was hit by a bullet at about midnight when some young people were around a bonfire in the San Genaro shantytown. A man came up and shot at them. A few hours later at the Neurosurgery Institute he died of cranial encephalic trauma from bullets. The testimony gathered by the Commission leads it to the conviction that Leopoldo Albino Segovia died of a human rights violation committed by politically motivated private citizens.
      
      Luis Arturo SILVA GONZALEZ, 22, a butcher, received a knife wound in a clash between private citizens during anti-government protests in Valle El Rey in Santiago. He died of a puncture wound to the heart and chest about 10 centimeters deep. In view of the facts and their context, the Commission came to the conviction that the perpetrator was politically motivated and violated Luis Arturo Silva's right to life.
      
      On July 12, 1983, the third National Protest was held. Two people died in that context.
      
      María Isabel SANHUEZA ORTIZ, 19, did housework. That night there were anti-government demonstrations near Villa Bernardo O'Higgins (Santiago). In that context she was hit by a bullet from an unknown source. She died of a bullet wound to the neck. The evidence examined makes it clear that many shots were heard in that area but does not make it possible to specify where the shots that caused her death came from. In view of that context, the Commission came to the conviction that Maria Isabel Sanhueza died a victim of the political violence at that time.
      
      Carmen Gloria LARENAS MOLINA, 19, sympathized with the Young Communists. She died of bullet wounds received that night when a group of persons were marching in Recreo (Viña del Mar), and unidentified individuals shot at them from an unlicensed car. The testimony examined agrees on the facts, and hence this Commission came to the conviction that the perpetrators were politically motivated and violated Carmen Gloria Larenas's right to life.
      
      On August 11-12, 1983, the fourth National Protest was held. Twenty-five people were killed in that context, three in the regions and the rest in the capital. The government stated that in addition to the police and investigative police, eighteen thousand soldiers took part in maintaining public order throughout the capital. A curfew was in effect starting at 6:30 p.m. August 11. Testimony on the overall situation notes how the military were acting, particularly the fact that they were firing their weapons a great deal. The military often used excessive force since they used only guns to deal with disturbances, and they did not have the experience the police had in controlling public order. That excess is reflected in the number of persons killed.
      
      Eliseo Enrique PIZARRO ROJAS, 50, who worked in the Minimum Employment Program (PEM), and Lina Dora del Carmen GARAY TOBAR, 44, a housewife, were killed in the same situation. On the night of August 11 both were fatally wounded by bullets that went through the lightweight material of their homes in the Monedónico shantytown (Valparaíso) when a clash occurred as government forces were acting to control public order, and they fired their weapons. In view of the context of the fourth Protest as well as the testimony it received on how government agents acted in this case, the Commission presumes that excessive force was used, and that the human rights of Eliseo Enrique Pizarro and Lina Dora del Carmen Garay were violated.
      
      Juan Carlos ZALAZAR ARRUE, 27, a locksmith, was killed by a bullet wound to the chest on the night of the 11th. This happened in the street near his home in Santiago. According to testimony by several witnesses that the Commission examined, shots were heard in the area. Soldiers, police, and investigative police were in charge of public order. One witness saw a member of a military patrol shooting in the air shortly before Zalazar was killed. The evidence gathered does not make it possible to determine the exact origin of the fatal bullet. In view of the evidence presented and what has been said about the overall context of the protest, this Commission presumes that the shot came from government agents, and that they used excessive and unnecessary force. Thus Juan Carlos Zalazar's right to life was violated.
      
      José Sergio OSORIO VERA, 27, a merchant and retired army subofficer, was executed the night of August 11, 1983, by soldiers who had been patrolling Villa la Reina (Santiago) since the previous day. He decided to ask the soldiers to make his neighbors stop banging their pots and pans and making noise. When he called out to a soldier, he was told to come out of his house with his hands up. Other troops came over and forced him to walk. At that moment an army corporal came up and shot him in the back. Those same soldiers took him to the hospital, but he was dead on arrival. The testimony and evidence it has examined, lead this Commission to come to the conviction that government agents killed José Sergio Osorio and thus gravely violated his human rights.
      
      Presbiterio Estanislao MORALES SANHUEZA, 20, who worked in the Minimum Employment Program (PEM), was on a street near his house in Villa Jaime Eyzaguirre (Santiago) that night when he was shot and killed. The evidence gathered by the Commission does not make it possible to come to a conviction on the surrounding circumstances and particularly on what government agents or private citizens who were in the streets were doing. However, the general observations made on what happened on that protest period lead this Commission to the conviction that Prestiberio Estanislao Morales died a victim of political violence.
      
      Juan Eduardo GUARDA SAEZ, 26, left his house in the Pincoya No. 1 shantytown (Santiago) looking for medicine for his sick daughter. The curfew was in effect and hence he held up a white cloth. As he came to the corner a bullet fired by government agents hit him in the head and, he died instantly. The evidence examined by the Commission on the circumstances surrounding this incident, and the observations on the protest, lead it to the presumption that government agents used excessive force and violated Juan Eduardo Guarda's right to life.
      
      Fabián Onofre CORTES PINO, 27, a merchant, went out into the street in the Candelaria Pérez shantytown (Santiago) at night. A credible witness has said that he was shot and killed as he was trying to help a young person who was wounded. In view of the general observations on protests and on this specific case, the Commission presumes that the shots were fired by government agents who used excessive force and thus violated the human rights of Fabián Onofre Cortés.
      
      Yolanda Hortensia CAMPOS PINILLA, 32, was married and had eight children. She was at home with her family in the Los Colonos settlement (Santiago) when a bullet hit her in the head and killed her. That night police were carrying out a raid in that area. They fired their weapons. The general observations on how government forces were acting during the fourth Protest and the evidence gathered on this killing in particular, lead this Commission to presume that they used excessive force to maintain public order, thus violating the human rights of Yolanda Hortensia Campos.
      
      Magla Evelyn AYALA HENRIQUEZ, 2, was killed by a bullet that went through her abdomen as she was inside her house. Testimony on this case and the general circumstances surrounding this protest, lead the Commission to presume that the shots were fired by government agents who used excessive force and thus violated Magla Evelyn Ayala's right to life.
      
      Saturnino Camilo REYES REBOLLEDO, 25, worked as a sculptor. On August 12, police came to the 18 de Septiembre shantytown in Coronel, where young people were engaged in protest demonstrations. To disperse the group the police shot a tear gas canister which hit Reyes in the head and caused his death the next day. In view of these circumstances and keeping in mind that police use of tear gas is generally accepted as a way of curbing behavior, and that it has not been determined that undue force was used in this instance, this Commission has come to the conviction that Saturnino Camilo Reyes was killed as a result of the political violence common at that time.
      
      Ana Teresa GOMEZ AGUIRRE, 19, worked in the Minimum Employment Program (PEM). On the night of August 11, a soldier shot her. The cause of death was "facial and cranioencephalic trauma caused by a penetrating bullet wound." The testimony taken during the trial, the decision of the military court which recognized that a crime had been committed, and the overall circumstances of the fourth Protest described above, have enabled this Commission to come to the conviction that Ana Teresa Gómez was executed by government agents who gravely violated her right to life.
      
      Benedicto Antonio GALLEGOS SABALL, 29, was fatally wounded in the chest on the night of August 11 in his home in Quinta Normal. On the basis of testimony from witnesses and evidence gathered, it can be said that the shots were fired by soldiers who were patrolling the area during curfew. This Commission holds the conviction that Benedicto Antonio Gallegos died at the hands of government agents who used excessive force and thus violated his right to life.
      
      Marta Del Carmen CANO VIDAL, 34, was a housewife. At about midnight, while the curfew was in effect, soldiers who were engaged in operations to maintain public order in the El Bosque No. 1 shantytown (Santiago) fired some shots. A bullet hit her in the head while she was at home. Several other bullets hit her house. Both witnesses and ballistics experts have attested to the fact that the shots were fired by military weapons. This Commission holds the conviction that Marta del Carmen Cano died a victim of human rights violations at the hands of government agents who used excessive force.
      
      Jaime Ignacio ROJAS ROJAS, 9, an elementary school student, suffered the impact of a bomb set off for terrorist purposes at bus stop No. 10 in Achupallas (Viña del Mar) on the afternoon of August 11. He died shortly afterward at the hospital. The cause of death was "cranioencephalic trauma with complications." The evidence presented has enabled the Commission to come to the conviction that Jaime Ignacio Rojas died a victim of a grave human rights violation committed by politically motivated private citizens.
      
      Jorge Antonio FUENTES LAGOS, 19, a worker, was wounded in the chest by a bullet as he left his house in the José María Caro shantytown (Santiago) the night of August 11. He died shortly afterwards. The source of the shot cannot be determined on the basis of the evidence gathered. Nevertheless, given the overall context of the protest, this Commission holds the conviction that Jorge Antonio Fuentes died a victim of the political violence of that moment.
      
      Marcela Angélica MARCHANT VIVAR, 8, was an elementary school student. On the night of August 11 people were banging loudly on pots and pans in the La Granja district (Santiago). Civilians arrived and fired their weapons. This girl was hit in the face by a bullet that went into her home, and she died immediately. Credible witnesses say they saw armed civilians with brass knuckles and walkie-talkies. After examining the evidence, this Commission holds the conviction that Marcela Angélica Vivar died when politically motivated private citizens who presumably had ties to the government, or government agents themselves, violated her right to life.
      
      Jaime Andrés CACERES MORALES, 11, a student, was outside the front door of his house at the corner of Calle San Francisco and Avenida Matta (Santiago) after curfew on August 11 when he was hit by a bullet to the head and died. Exactly who shot him cannot be determined on the basis of the testimony examined. Since circumstantial evidence does not suggest that government agents were involved, this Commission holds the conviction that Jaime Andrés Cáceres was killed by private citizens who were presumably opposed to the protest and who violated his right to life for political reasons.
      
      Inés MANRIQUEZ ARROYO, 42, went out into her yard in the San Carlos shantytown (Santiago) on the afternoon of August 11 and was hit by a fatal bullet fired from an unknown source. Credible witnesses have said that at that moment shots were heard on the main street, although nothing was happening at her house. Since there is no evidence on where the bullet came from, this Commission holds the conviction that Inés Manríquez died a victim of the political violence of that period.
      
      Sandra Janet HENRIQUEZ AGUILAR, 14, was an eighth grade student. On the night of August 12, police came into the La Estrella shantytown (Santiago) where protest demonstrations were being held. They fired their weapons, and this young woman was fatally wounded in the chest. After examining the evidence, this Commission came to the conviction that Sandra Janet Henríquez died at the hands of government agents who used excessive force and thereby violated her right to life.
      
      Roberto Romualdo ROMERO REYES, 29, was working for the agronomy department at the University of Chile. On the night of the 12th, the police came into Maipú to break up demonstrations. According to testimony examined by the Commission, they fired their weapons and fatally wounded him. The police officers who were on the scene acknowledged that fact and said that they had fired into the air. This Commission holds the conviction that Roberto Romero died as the result of the violation of his human rights by government agents who used excessive force.
      
      Juan Nemías AZEMA MUÑOZ, 19, worked at a gas station. In the early morning hours of August 12, as he left for work he was unaware that the curfew was still in effect. He was shot to death by government troops at the corner of Callé Colón and Padre Hurtado. In view of the evidence presented, this Commission holds the conviction that Juan Nemías Azema was killed by government agents who used excessive force and thereby violated his human rights.
      
      Jorge Enrique AYARA ROJAS, 21, was employed at the Employment Program for Heads of Households. Street demonstrations were taking place in Villa La Reina (Santiago) on August 12. Police tried to break up these demonstrations first by using tear gas bombs, and then by firing their weapons. One of the bullets hit Araya and killed him on the street. The Commission has gathered evidence which enables it to express its conviction that Jorge Enrique Araya died a victim of the violation of his human rights by police officers who used excessive force.
      
      Jorge Franco FUENTES TOLEDO, 17, worked as a street vendor. Around midnight on the 12th, he was killed by a shot to the head while in the street in the La Bandera shantytown (Santiago). Credible witnesses have agreed in saying that government forces shot at him when he ignored an order to stop. In view of the evidence presented, this Commission holds the conviction that Jorge Franco Fuentes was killed by government agents who used excessive force and thereby violated his right to life.
      
      Rudecindo Onofre VILLEGAS SEPULVEDA, 40, was a bus driver. On the night of August 12, police were involved in operations to control public order in the area of Villa Francia (Santiago). The means they used to disperse demonstrations included firing their weapons. Villegas was hit by a bullet and died. The evidence gathered on this case makes it possible to come to the conviction that Rudecindo Onofre Villegas died at the hands of government agents who used excessive force and thereby violated his human rights.
      
      Ramón Eduardo RETAMAL SEVERINO, 23, worked as a carpenter. On August 11, 1983, as demonstrations were taking place and he was standing in the doorway of his house in the José María Caro shantytown (Santiago), Retamal sustained a fatal bullet wound. Witnesses say shots were heard from various directions. At that moment air force troops were in charge of maintaining public order in the area. Since it is established that Ramón Eduardo Retamal was killed by a 5.56 calibre bullet, the same size as one of the weapons official troops were carrying, this Commission holds the conviction that he died when his human rights were violated by government agents who used excessive force.
      
      Vicente Osvaldo BARRAZA HENRIQUEZ, 49, was a worker. On the night of the 12th, clashes took place between police and demonstrators near the Neptuno metro station (Santiago). Barraza sought refuge in the station but a tear gas canister landed next to him, and caused health problems. He died the next day. Since the use of tear gas by police is generally regarded as an acceptable means for maintaining public order, and since it was not established that it was used improperly on this occasion, this Commission holds the conviction that Vicente Osvaldo Barraza died a victim of the political violence of that moment.
      
      On September 8, 1983, nine people were killed in the context of the fifth National Protest:
      
      Miguel Angel ZAVALA GALLEGOS, 24, was a bus driver. He was killed by a bullet through his chest during a clash between shantytown dwellers and police forces in the La Victoria shantytown (Santiago). Eyewitnesses say that police fired their weapons. The Chilean Police say that there were no government forces there and that the shots came from civilians who were driving around in an unlicensed vehicle. This Commission does not find the official version plausible, in view of what witnesses say and the precedents of the general procedure used by police forces during mass demonstrations. Hence it presumes that government agents violated Miguel Zavala's right to life when they used excessive force.
      
      Oscar Julio RAMIREZ GONZALEZ, 23, worked in the bindery operation at a printing press. He was killed by a bullet through the chest while he was taking part in a protest demonstration in the Juan Antonio Ríos shantytown (Santiago). During the trial on this case the Chilean Police acknowledged that their trucks, buses and police lines were at the scene, but deny that the police fired their weapons. Nevertheless, on the basis of many credible and consistent statements by witnesses, this Commission holds the conviction that government agents-presumably members of the police-fired their weapons and used excessive force, thereby violating Oscar Julio Ramiréz's right to life.
      
      Robinson RAMIREZ RUBIO, 24, worked in the Employment Program for Heads of Households. Street demonstrations were taking place near the corner of Calle Zapadores and Recoleta (Santiago) on the night of September 8. The Commission has received several accounts indicating that the demonstrators ran away when police officers arrived. Shots were fired, and one of them hit Ramírez and killed him. The evidence received does not make it possible to specify who fired the fatal shot, but leads the Commission to presume that those responsible were politically motivated private citizens who violated Robinson Ramírez's right to life. There are indications that these people were operating under the protection of government agents.
      
      Maria Elena RODRIGUEZ RODRIGUEZ, 27, worked as a street vendor. At noon on September 8 on Calle Serrano (Valparaíso), a group of demonstrators were marching in support of the National Protest. Nearby a policeman on his way home arrested a person who was handing out flyers. Witnesses say: "After going a short distance the prisoner went running away. The policeman pulled out his weapon and shot him in the shoulder; but the bullet went through and killed María Rodríguez, a street vendor who was in the vicinity." The Chilean Police said, "A mob of about fifty people tried to pull the arrested man away, and he was hitting the policeman in order to get away. When the policeman saw he was in danger, he drew his revolver and tried to hit the prisoner with it. The gun went off, and the bullet hit the man in the shoulder and hit María Rodríguez who happened to be in the vicinity." The evidence presented enables the Commission to come to the conviction that María Elena Rodríguez was an innocent victim of the political violence of that moment.
      
      Carlos Fernando ITURRA CONTRERAS, 25, was studying at Inacap (National Institute for Professional Training). That night during protest demonstrations near Calle Paicaví (Concepción), people who were driving around in an unlicensed car shot him. He died of bullet wounds the next day. In view of the evidence presented, this Commission holds the conviction that Carlos Fernando Iturra died a victim of a human rights violation committed by politically motivated private citizens.
      
      Oscar Omar DURAN TORRES, 17, worked as an artisan. On the night of September 8, while anti-government demonstrations were taking place in the La Pincoya shantytown (Santiago) he was stabbed and gravely wounded. He died later after six unsuccessful attempts at surgery. Witnesses have said, as he himself did before dying, that those who cut him were government agents who tortured him with a yataghan. In view of these facts, this Commission holds the conviction that Oscar Omar Durán was executed by government agents who gravely violated his human rights.
      
      Nelson Fernando GOMEZ ESPINOZA, 19, worked as a laborer. On September 9, clashes and demonstrations took place in a number of places as a continuation of the fifth National Protest. That night as he was on Calle La Granja near the corner of Calle Bolivia (Santiago), he was hit by a bullet from an unknown source. He died a few hours later. The specific facts of this case and the general circumstances of this period have enabled the Commission to come to the conviction that Nelson Fernando Gómez died a victim of political violence.
      
      Jorge Sebastián ARELLANO MUÑOZ, 20, a worker in the Employment Program for Heads of Households Program, died of bullet wounds near midnight on September 9 in the Tricolor settlement (Santiago). Many witnesses have consistently testified that civilians, presumably supporters of the government at that time, were going around shooting from moving vehicles. This Commission holds the conviction that politically motivated private citizens violated the human rights of Jorge Sebastián Arellano when they killed him.
      
      On September 11, 1983, in the Pudahuel district, Pedro MARIN NOVOA, 24, was killed. That day those participating in the Minimum Employment Program and the Employment Program for Heads of Families in the district were summoned to the Santa Corina complex near the municipal building so that they could be driven downtown for the celebration of September 11, 1973 anniversary. At around 9:30 a.m., it was announced over loudspeakers on a truck that attendance was voluntary. That those who desired could return home, and they would still have three days off as already provided. Clashes then broke out between those who wanted to go and those who did not. Rocks were thrown at the vehicles in which they were to be taken. At that moment a jeep from the municipality arrived and employees from the security department fired at the mass of workers. One of these shots killed Pedro Marín Novoa. These events, the numerous statements by witnesses that this Commission examined, and the guilty verdict handed down by the court, enable it to come to the conviction that Pedro Marín was killed by persons at the service of the government who thereby violated his human rights.
      
      That same day, Sergio Segundo ALEGRIA ARRIAGADA, 24, a street vendor, was killed. On the night of September 11, 1983, anti-government demonstrations were taking place in the Neptuno shantytown (Santiago) as they were elsewhere in the city. Sergio Segundo Alegría was at the intersection of Los Aromos and Loyola when he was hit by a bullet; he died the next day. Credible witnesses have said that the bullet came from a car that passed by shooting at the demonstrators. In view of the evidence offered, this Commission has come to the conviction that Sergio Segundo Alegría died a victim of a human rights violation committed by politically motivated private citizens.
      
      Four persons died during the sixth National Protest, held October 11-13, 1983:
      
      Pedro Germán ZAMORA PORTILLA, 15, a student, and René Enrique PAVEZ PINO, 19, who was attending night school and working in the Employment Program for Heads of Households, were shot to death on the night of October 13 on Calle John Kennedy as they were approaching Vicuña Mackenna (Santiago). That day a police car arrived while protest demonstrations were taking place. Three police officers got out and began shooting immediately. Pedro Germán Zamora and René Enrique Pévez suffered fatal bullet wounds. In view of these facts, the Commission believes that in using excessive force the police forces violated the right to life of these young men.
      
      Raúl Fernando GALVEZ DIAZ, 22, worked as a mail carrier. Near midnight on October 13 police intercepted a march in Puente Alto. That was the context in which Gálvez was fatally shot. In view of the specific circumstances of his death, and taking into account the way the police forces normally acted in such situations, this Commission holds the conviction that Raúl Fernando Gálvez was killed when his human rights were violated by government agents who used excessive force.
      
      Silva del Carmen ORELLANA PINO was 22. Near midnight on October 11 street demonstrations took place near the Santa Corina shantytown (Santiago). Shots were fired from inside two passing cars. A bullet hit her and she died a few days later of a "cranial encephalic trauma from a perforating bullet wound." The evidence presented enables this Commission to come to the conviction that Silvia Orellana's human rights were violated by politically motivated private citizens.
      
      On December 5, 1983, workers in the Employment Program for Heads of Households held a demonstration near the municipality of La Granja. José Eduardo ASTUDILLO GONZALEZ, 22, was killed. Police moved to break up the demonstration by shooting tear gas canisters. Credible witnesses say that one of these canisters violently hit Astudillo on the head. A few days later José Eduardo Astudillo died at the neurosurgery hospital of a "cranial encephalic trauma complicated by bilateral confluent bronchopneumonia." Bearing in mind the circumstances of his death, and the fact that the use of tear gas by the police is a proportionate means for maintaining public order, and since it has not been proven that the use was improper in this case, this Commission holds the conviction that José Eduardo Astudillo died a victim of the political violence characteristic of that period.
      
      On December 14, 1983, Eduardo Antonio DIAZ SOTO, 19, who worked with his mother at a fruit and vegetable stand, was killed in a protest demonstration. Around midnight, although no national protest was being observed, a group of young people set a pile of tires on fire at the corner of Los Tres Antonios and Camino Agrícola (Santiago). Witnesses say that shortly thereafter a car pulled up, and a man stepped out and shot at the demonstrators. A bullet hit Díaz in the chest and went through his heart and lung, and he died a few minutes later. The nature of the demonstration the young people were having and the plausibility of the testimony concerning how Eduardo Díaz met his death, have led this Commission to come to the conviction that he was killed by politically motivated private citizens who violated his right to life. The Commission had indications that government agents might be responsible.
      
      On March 27, 1984, eleven people were killed in incidents connected to the eighth National Protest:
      
      Caupolicán Humberto INOSTROZA LAMAS, 26, a mechanical engineering student at the University of Concepción, joined other university students in protest demonstrations in the university neighborhood in Concepción. They were trying to march toward downtown. When the police halted the march, the students responded by throwing rocks. A policeman used his Winchester anti-riot gun and shot a rubber bullet which wounded Inostroza. He died shortly afterward of acute blood loss. The testimony the Commission examined has enabled it to presume that although a disturbance of public order may call for police intervention, the police officers used excessive force and violated Caupolicán Humberto Inostroza's right to life.
      
      Paola Andrea TORRES AGUAYO, 3 months old, and her sister Soledad Ester TORRES AGUAYO, 4, died of grave burns they suffered when their house burned down and their parents were absent. Protest demonstrations took place that night in the Libertad shantytown (Concepción), and the electricity was cut off. The police moved into the area firing tear gas canisters. That was the situation in which this fire broke out. Those who started it have not been identified. In view of the evidence it has received, this Commission presumes that even if the fire was accidental, these two children died as a result of acts of political violence in that area.
      
      Juan Cristián ZAMORA MELENDEZ, 18, was with a group of people engaged in protest actions at the Santa Julia traffic circle (Viña del Mar) at night. A vehicle came by, and the passengers were shooting at the demonstrators. One of these shots hit him and he died on the spot of acute loss of blood due to a bullet to the chest. In view of the evidence presented and its context, this Commission presumes that Juan Cristián Zamora was killed by politically motivated private citizens who violated his right to life. Nevertheless, this Commission does not utterly rule out the possibility that in this case the driver might have been defending himself against the aggression of some of the demonstrators.
      
      Nelson Ramón CARRASCO BASCUÑAN, 27, worked in the Employment Program for Heads of Households. That afternoon police arrested him and other people on Gran Avenida. The prisoners were put onto a police bus. The bus stopped near the Tejas de Chena shantytown (San Bernardo) alongside the Espejino canal. At about 10:00 p.m., the four prisoners were thrown into the canal. Carrasco was unconscious from the beating he had received, and he drowned. The other three people managed to get out of the canal and seek help at a nearby house. This account has been attested by the statements of several trustworthy witnesses. The police dismissed one of the officers involved. The court found him guilty of the crime of unnecessary violence in causing the death of a prisoner. The evidence examined by the Commission leads it to come to the conviction that Nelson Ramón Carrasco was executed by police officers who thus gravely violated his right to life.
      
      Francisco Antonio FUENZALIDA MORALES, 12, a high school student, was wounded in the afternoon and died due to damage done to his chest by a lead pellet. The police had come to the Lo Amor Shantytown (Santiago) with buses and helicopters. The residents gathered together at some distance. The police shot tear gas canisters and fired their weapons. Several statements by credible witnesses have led this Commission to presume that the police used excessive force and thus violated Francisco Antonio Fuenzalida's human rights.
      
      Luz Marina PAINEMAN PUEL, 15, died of "asphyxiation due to drawing into the windpipe the contents of the alimentary canal." The Commission examined evidence indicating that she died because she inhaled tear gas which was being used near her house. Since the use of tear gas is normally a legitimate means for maintaining public order, and since it has not been determined that it was used improperly in this instance, this Commission holds the conviction that Luz Marina Painemán was killed as a result of the political violence taking place during the demonstrations that day.
      
      Víctor Manuel QUEZADA OVIEDO, 48, was an office worker. During the afternoon anti-government demonstrations were taking place in the Sara Gajardo shantytown (Santiago) Police moved in and were using tear gas and guns. He died of bullet damage to the chest and heart. Credible witnesses have led this Commission to presume that the police agents used excessive force and violated Victor Manuel Quezada's right to life.
      
      Elena del Tránsito FARIAS QUIROZ, 85, a housewife, suffered the effects of a tear gas bomb in the afternoon when the police stepped in to break up a demonstration in the Lo Amor shantytown (Santiago). She died the next day of acute myocardial failure. This Commission believes that the use of tear gas falls within the generally accepted norms by which the police are to maintain public order, and it is not proven that it was used improperly in this instance. The Commission holds the conviction that Elena Farías died a victim of the situation of political violence then taking place.
      
      Erika del Carmen SANDOVAL CARO, 15, a high school student, was struck by a bullet that tore through her head. During the afternoon she was outside her house on Avenida 5 de Abril in Maipú, when a police bus drove up. Those inside were throwing tear gas bombs and shooting. Demonstrations were being held in the vicinity. On the basis of testimony it has received, the Commission presumes that what the police were doing was disproportionate to the disturbance of public order in the area, and hence Erika del Carmen Sandoval's right to life was violated.
      
      Juan Fernando ARAVENA MEJIAS, 16, a high school student, was with a group of young people in a demonstration with bonfires alongside the Panamerican highway south (Santiago). The police arrived. A number of the demonstrators ran away but the police caught up with the youngest of them and beat him. He died three days later of cranial encephalic trauma. The autopsy report indicates the seriousness of the head wounds, in addition to bruises on different parts of the body. In view of the evidence presented, the Commission presumes that police officers violated the human rights of Juan Fernando Aravena when they used excessive force to break up demonstrations.
      
      On May 1, 1984, Pedro Andrés MARIQUEO MARTINEZ, 16, a high school student who was active in the Christian Left (IC), was killed during the demonstrations and other actions to observe May Day [International Workers' Day]. He was involved in a barricade-bonfire on Américo Vespucio at the entrance to the Pasaje Venezuela (Santiago), when a police truck pulled up. The police fired their weapons. One of the bullets hit him in the lungs, and he died shortly thereafter. On the basis of various items of evidence and credible testimony by witnesses, this Commission holds the conviction that police fired the shots, and the confused nature of the situation notwithstanding, the Commission presumes that government agents committed a human rights violation when they used excessive force.
      
      On May 11, 1984, during the ninth National Protest, Miguel Angel GONZALEZ BRAVO, 18, a high school graduate, was killed in the course of anti-government demonstrations at the corner of Calle Rojas Magallanes and Américo Vespucio (Santiago). A car passed by and unidentified people fired their weapons, leaving him wounded in the street. He died of cranial encephalic trauma caused by a bullet. In view of the facts presented and their context, this Commission holds the conviction that Miguel Angel González died a victim of a human rights violation committed by politically motivated private citizens.
      
      On August 9, 1984, a Day for Life organized by a number of religious, social and political organizations was being celebrated. Hugo Patricio BRAVO FUENTES, 19, was killed in that context. During the night he was one of about eighty people who were participating in a barricade-bonfire at the corner of Exequiel Fernandez and Camino Agrícola (Santiago). Police came to break up the demonstration. They fired their weapons. A bullet hit him in the head and killed him. On the basis of testimony by witnesses on this case, and bearing in mind the way government forces proceeded on other occasions, the Commission presumes that despite the need to control public order their use of weapons was disproportionate and thus the human rights of Hugo Patricio Bravo were violated.
      
      On August 14, 1984, at a nighttime demonstration with barricades in the area of Lo Hermida (Santiago), Marcelo Augusto RIQUELME LEMUS, 17, a night school student, was killed. It happened when a demonstrator threw a rock at a private car that was pulling away after it had been allowed to pass. The driver stopped further on, and fired back at the demonstrators. Marcel Augusto Riquelme was hit by a shot and died of bullet damage to the chest. With the evidence it has examined, the Commission believes that Marcelo Augusto Riquelme was killed as a result of political violence.
      
      On September 4-5, 1984, eight persons were killed in the context of demonstrations organized for the tenth National Protest:
      
      Guillermo Cirilo VARGAS GALLARDO, 21, a civil engineering student at the University of Atacama, was killed in clashes between students and government forces at the university. At noon on September 5 there were clashes between students and government forces at the University of Atacama (Copiapó). University officials believed order had to be restored and granted permission for government forces to enter. Members of the army, police, and CNI came in. While that was happening, three students fled from the government agents by trying to go up a hill at the rear of the campus. The agents pursued the students and fired at them so as to stop them. Two were wounded and the third, Guillermo Cirilo Vargas Gallardo, was hit in the head by a bullet and died. The doctor who carried out the autopsy and treated the wounded said that Vargas was killed by a rifle or machine gun, the same kind of weapon that wounded one of the other students. Several policeman had wounds "produced by blunt objects, probably rocks."
      
      One of the wounded students says that he ran into Vargas Gallardo as a number of students were running away from the police. Vargas Gallardo suggested that they climb the hill to escape. The government agents shot at them to stop them. This witness says, "I don't know who it was that shot at me, since when I looked back down there were about eight soldiers and three police, and all of them had their weapons."
      
      The official reports claim that people were shooting from inside the university. One weapon was found in the search, but none of the students arrested was armed, and the official account that those who were armed got away into the fields remains unproven. The testimony and evidence presented lead to the conviction that Guillermo Cirilo Vargas was killed by government agents in a context of political violence. Moreover, in view of the circumstances in which he was killed, the Commission presumes that government agents used their weapons excessively and in a way that was not necessary in order to stop the students, and thus they violated the victim's right to life.
      
      Hernán Rodolfo BARRALES RIVERA, 24, worked in the Employment Program for Heads of Households. On the morning of September 4, he was standing by debris that was blocking traffic at the corner of Calle 30 de Octubre and Avenida La Feria (Santiago) when a bullet hit him in the back. He died of bullet damage to the chest. Testimony from many witnesses leads to the conviction that the shots came from police who were some distance away. The ordinary court declared itself incompetent-since the matter was one for the military justice system-noting that "the perpetrators of the aforementioned crime may have been on duty members of the Chilean Police, although it has not been possible to specify who they were." In view of the evidence presented, the Commission has come to the conviction that Hernán Rodolfo Barrales was killed as the result of a human rights violation committed by government agents who used excessive force.
      
      André Joachim JARLAN POURCEL, 43, was a French priest who was serving in the parish church in the La Victoria shantytown. He was killed by a bullet fired by police. On the afternoon of September 4, a group of journalists was at the intersection of Calles 30 de Octubre and Ranquil in the La Victoria shantytown (Santiago) covering the protest. There were barricades and bonfires in the area. A group of police approached along Calle 30 de Octubre. The journalists took the advice of local residents and went running. A police officer fired some shots over the heads of one of the reporters who had fallen behind and was hiding behind a power line pole. He yelled out that he was from the press. The police went toward Calle Ranquil, and the journalist talked with an officer. The police moved away and continued patrolling along Calle 30 de Octubre. The two bullets fired had gone through the wooden wall on the second floor of the parish house located on Calle Ranquil. One of them had hit Father André Jarlan and killed him. Many witnesses have agreed in their testimony that the police were acting disproportionately since there is no justification for using weapons hastily and in a densely crowded place. The evidence presented has led this Commission to the conviction that André Jarlan died a victim of the violation of his human rights by government agents who used excessive force.
      
      Nibaldo Manuel RODRIGUEZ HERRERA, 14, a student, was hit in the head with a bullet on the night of September 4 as he was standing on the corner of Calles Los Morros and Claudio Arrau (Santiago). He died of cranial encephalic trauma from a bullet. On the basis of statements by witnesses in combination with ballistics tests which showed that the bullet came from an Uzi automatic pistol like those at a nearby police station, it can be presumed that police personnel used their guns while they were patrolling. In view of the evidence examined, the Commission presumes that government agents used excessive force and thus violated the right to life of Nibaldo Manuel Rodríguez.
      
      Fernando David BECERRA JULIO, 16, a high school student, was killed the night of September 5, when a group of young people were engaged in street demonstrations at a bonfire-barricade in Villa Jaime Eyzaguirre (Santiago). The neighborhood was dark because of a widespread blackout. According to the autopsy report, he was hit by three pellets, one of which was fatal, because it caused a perforating wound to the chest that affected his heart and lungs. Based on the testimony of a credible witness, and taking into account the overall situation of those two protest days and the fact that pellets (which are typical of anti-riot equipment) were used, the Commission presumes that the shots were fired by government agents who used excessive force and so violated Fernando David Becerra's right to life.
      
      Gabriel Angel ZUÑIGA URZUA, 19, worked in the Employment Program for Heads of Households. On the afternoon of September 5 street demonstrations were taking place at the corner of Calle Santa Julia and Américo Vespucio (Santiago). Police arrived on the scene. A police officer fired his weapon and hit Gabriel Angel Zúñiga who died as a result. Testimony and evidence that the Commission received indicates that private citizens attacked the police and broke the windows of the police truck. After firing their weapons the government agents withdrew. The evidence examined leads this Commission to the conviction that Gabriel Zúñiga died a victim of political violence, since it cannot presume that excessive force was used, in view of the complexity of the situation at that moment.
      
      Alex Robinson CASTRO SEGUEL, 16, was electrocuted to death the night of September 5 when he stepped on a high voltage cable on the ground on Calle Diego Portales (Santiago). Private citizens had thrown chains over the power lines to cause a blackout. Testimony gathered on this specific case, along with the general facts about actions of this nature which took place during political protests, lead this Commission to hold the conviction that Alex Castro died as the result of a violation of his right to life committed by politically motivated private citizens.
      
      Manuel Alfonso MORALES SANHUEZA, 30, worked in the Employment Program for Heads of Households. On the night of September 5, he was hit by a bullet on a street in the Pudahuel district (Santiago). The evidence gathered was not enough to determine the origin of the shot, but it leads this Commission to the conviction that Manuel Alfonso Morales died a victim of the situation of political violence at that moment.
      
      On September 27, 1984, Julio Segundo VALENCIA CASTILLO, 32, a taxi driver, died from a knife wound sustained in clashes between shantytown dwellers and police at a land occupation in the Puente Alto district (Santiago). According to testimony from a witness whom the Commission regarded as credible, after people had been pushed off the land at night, the police were pursuing those involved in the occupation. The witness went on to say, "I saw when one of the police took a rock...and threw it, and the man fell to the ground. They then began to beat him over and over, and then went away. But one of them returned and went up with something in his hand and plunged it into him..." The official police report stated, however, that when officers were able to enter the area after overcoming the resistance around it, they found Valencia's dead body on Calle Oscar Bonilla. They then say, "It should be noted that in the clashes at Puente Alto he was the only person found dead, and he was killed by a weapon that the police do not use." The evidence gathered leads the Commission to think that government agents executed Julio Valencia with a knife and that they gravely violated his human rights. That conclusion is not incompatible with the possibility that other police agents may have come across the body later and informed their superiors. Hence this Commission does not believe that it must dispute the official police report.
      
      On October 29 and 30, 1984, a National General Strike was held. Nine people were killed on that occasion:
      
      Luis Alberto CONTRERAS OVIEDO, 17, a high school student, was killed by a bullet to the face during demonstrations at the Tucapel Traffic Circle (Arica) on the afternoon of October 30. This Commission did not find enough information to determine where the shots came from. However, it holds the conviction that they were the product of the overall situation of political violence and that Luis Alberto Contreras died a victim of that violence.
      
      Fernando Humberto MONTECINOS VERDEJO, 23, a student who was active in the Socialist party, gathered with other persons early on the morning of October 30 to engage in street actions in the area of Villa Hermanos Carrera (Santiago). According to an eyewitness the people ran away when they saw two police vans arrive. One van chased Montecinos. "The truck was moving along-side him, and so they could have arrested him quite easily," said the witness. The truck stopped and Montecinos tried to climb up the brick wall of a nearby property. "Then a policeman got off the truck and fired a shotgun at him from one meter behind," said the witness. The autopsy indicates that Montecinos died of cranial, encephalic, and cervical trauma from shotgun blasts. On the basis of the evidence gathered and particularly that eyewitness account, the Commission holds the conviction that Fernando Humberto Montecinos was executed by government agents who gravely violated his human rights.
      
      Ramón Oscar CARCAMO CARCAMO, 61, a worker, was hit by a bullet while he was on Calle Chorrillos (Castro) on the night of October 30. He died the next day at the hospital in Castro. His daughter testified to the Commission that there were barricades and tear gas that day. However, when her father was hit and she arrived on the scene there were no police, although they had been shooting earlier. When consulted by the Commission, the Chilean police responded that "when the police went to the area known as the Magallanes fairgrounds, they encountered violent opposition from demonstrators who threw rocks, damaged government vehicles, and inflicted serious injuries on police officers. Confronted with this situation, the police repelled the attack by using their weapons, and in the process Ramón Oscar Cárcamo Cárcamo was killed." Given the context in which public order was being disturbed, this Commission cannot, on the basis of the evidence gathered, presume that government agents used their weapons excessively in this case. Nevertheless, Carcamo was killed by shots fired by police who were nearby. Nor can the Commission presume that he was involved in attacks on government forces. It holds the conviction that Ramón Oscar Cárcamo was killed as a result of the situation of political violence at that time.
      
      Henry Aníbal MORALES MUÑOZ, 15, a high school student, was shot and fatally wounded October 30 during demonstrations in the José María Caro shantytown (Santiago). Police arrived and fired their weapons, and he was killed. The evidence the Commission received, however, does not enable it to determine whether government agents used excessive force. The Commission holds the conviction that the youth Henry Aníbal Morales died a victim of the political violence taking place at that site.
      
      Bernardo Ramón JARA LOPEZ, 34, worked in the Employment Program for Heads of Households. On the afternoon of October 30, a clash took place at the Grecia Traffic Circle on Avenida Américo Vespucio (Santiago) where barricades had been put up and were blocking traffic. A private citizen fired shots at the people who were gathered there. One of them hit Bernardo Ramón Jara, and he died. On the basis of evidence gathered, and since the context was that of an anti-government demonstration, the Commission presumes that the perpetrator violated Bernardo Ramón Jara's right to life for political reasons.
      
      Cristián Alfonso LARA VALDES, 20, worked as a bus driver's assistant. On the afternoon of October 30 a large gathering of people was holding a barricade-bonfire at the corner of Avenida Las Industrias and Departamental (Santiago). The owner of a nearby bakery fired some shotgun shells and hit Lara, who died of buckshot wounds. On the basis of the evidence gathered, it cannot be determined whether the individual did so for political reasons or whether this action was a legitimate defense of property in response to an effort by people who were carried away and intended to attack and loot the bakery. Nevertheless, this Commission holds the Conviction that Cristián Lara died a victim of the situation of political violence then taking place.
      
      Juan Segundo PINO ELIZONDO, 48, a construction worker, and Hugo Abraham RODRIGUEZ MENA, 8, an elementary school student, were electrocuted together. On the afternoon of October 30, Hugo Abraham Rodríguez stepped on cables that were connected to high voltage power lines. Juan Pino Elizondo immediately tried to help him and was hit by an electric charge and died shortly afterward. The Commission examined testimony from witnesses who agreed that the cables had been placed there "so that the police van would get caught in them." Of its very nature the tactic of laying down high voltage lines to stop traffic on protest days allowed for no discrimination over who would suffer the consequences. Hence this Commission is morally convinced that Juan Pino and Hugo Rodríguez were victims of a terrorist attack that violated their human rights.
      
      Luis Armando RUBIO GARRIDO, 20, who was privately employed, was killed by a bullet wound to the head. On the afternoon of October 30 an anti-government demonstration was taking place on Avenida Grecia (Santiago). Demonstrators at various points along the avenue were fired upon from a private vehicle. Luis Armando Rubio was hit and wounded at the corner of Calle Misolonghi and Grecia. Many witnesses have testified that the fatal shot was fired "from a Chevrolet Opala with diplomatic plates that was driving along with two people inside." Since the obvious reason for such behavior was to intimidate, wound, or kill the demonstrators, this Commission holds the conviction that it was carried out for political reasons by private citizens who thus violated Luis Armando Rubio's right to life.
      
      On April 9, 1985, Oscar Vicente FUENTES FERNANDEZ, 18, a mining engineering student at the University of Santiago, was killed in the context of a student demonstration. That afternoon some students at the university arrived at an anti-government demonstration at the Liceo Amunátegui [high school](Santiago). At that point they were arrested by officials of the police civilian commission. Oscar Vicente Fuentes then tried to escape. One of the police pursued him firing his weapon, first in the air, and then at his body. He thus shot and killed Fuentes. The court record shows that police officer was found guilty. Examining the testimony of eyewitnesses and the sentence handed down, and without taking a position on the degree of responsibility of the perpetrator, the Commission came to the conviction that Oscar Fuentes's right to life was violated by a government agent who used excessive force in trying to arrest him.
      
      On August 9, 1985, three people were killed in the course of the Day for Life:
      
      Manuel Jesús MORENO QUEZADA, 51, a merchant, was working at night in a refreshment stand when a bullet went through his head. Testimony received by the Commission indicates that the fatal shot was fired by a soldier who was driving an ambulance. One witness says that the ambulance went by the street stand, and a soldier shot from it. In an official document, the director of the military hospital wrote to the military prosecutor that a government agent who worked there as a driver had reported to the guard at the military hospital to inform the authorities that should Moreno die he would cooperate with the authorities with regard to his own involvement. Testimony from other witnesses notes that there were outbreaks of violence in the surrounding area and that the ambulance was attacked when it went to pick up a sick person. Nevertheless, the Commission believes that since the vehicle was not attacked from that street stand, the driver's firing at it constituted use of excessive force, even though some violence was taking place at that time. Thus, the Commission holds the conviction that Manuel Jesús Moreno died a victim of a violation of his right to life for which a government agent who used excessive force was responsible.
      
      Ana María URREA CASAS-CORDERO, 32, was driving a car at the corner of Avenida Ochagavía and Lo Ovalle (Santiago) when she was hit in the head by a rock. She died a few days later of cranial encephalic trauma. Accounts from credible witnesses indicate that unidentified persons were throwing rocks at passing vehicles. One of these rocks hit her. Bearing in mind that such actions were taking place in a context of anti-government street demonstrations, and taking into consideration the general facts about other expressions of violence in demonstrations, the Commission presumes that the perpetrators violated Ana María Urrea's right to life for political reasons. Aída Rosa VILCHES URREA, 38, a housewife was inside her house in Villa Brasil (Santiago) on the night of August 9 when a bullet went through her head. Her husband testified that they were home alone that day, while a demonstration with tire burning was taking place on Avenida Santa Rosa. They heard an exchange of fire. She went to a window and was hit by the fatal bullet. He saw police firing sporadically. They stopped when he told them his wife was wounded. The Commission has examined other statements by witnesses who said that private citizens were also shooting at the police. On the basis of the available evidence it cannot be entirely determined whether the person who fired the shot was a private citizen or a government agent. In any case, the facts presented lead the Commission to the conviction that Aída Rosa Vilches died a victim of a situation of political violence.
      
      On December 4, 1985, ten people were killed in demonstrations connected to the fourteenth National Protest.
      
      Daniel David ARANDA SAAVEDARA, 21, worked in the Employment Program for Heads of Households. That afternoon shantytown residents looted a factory that was being guarded by air force troops (Santiago). A helicopter brought troops who came out and fired their weapons to disperse the people in the area. Daniel David Aranda was fatally wounded. The testimony and evidence the Commission received indicate how extremely complex this situation was, and it is not possible to determine whether excessive force was used. On the basis of that evidence, the Commission presumes that Daniel David Aranda died a victim of a situation of political violence in which he was caught up.
      
      Jorge Enrique PARDO ABURTO, 15, who was studying to be a technician, was killed by a bullet. At midnight on September 4, some young people were protesting at barricades near a Centro Abierto [government-run childcare facility] that soldiers were guarding. When a police bus arrived the young people threw rocks and then ran away from the Centro Abierto. A soldier then shot at the fleeing youths and killed Jorge Enrique Pardo. These events have been described by various witnesses whom the Commission regarded as credible. Weighing the evidence gathered, the Commission judges that notwithstanding the need to provide legitimate defense for the Centro Abierto and to maintain public order, excessive force was used in this instance since the young people were fired upon as they were running away and no longer represented any threat. Thus the Commission holds the conviction that Jorge Enrique Pardo died a victim of the use of excessive force committed by government agents who thereby violated his right to life.
      
      Marisol de las Mercedes VERA LINARES, 22, a student at the Universidad de Tarapacá who was preparing to become a Spanish teacher and had leftist sympathies, was participating in a barricade-bonfire at Calle Mapocho and Ingeniero Lloyd in Quinta Normal (Santiago) on the night of September 4. A pickup carrying government forces drew near, and witnesses saw shots fired from it. Although the demonstrators were running away, Marisol Mercedes was hit by a bullet and died. The evidence gathered by the Commission, and reflection on other testimony about how government agents acted to maintain public order during protests, leads it to presume that in this case government agents used excessive force, thus violating Marisol Vera's right to life.
      
      Jorge Antonio FERNANDEZ RIVERA, 18, a high school student, received a bullet wound to the chest on the night of September 5 as he was crossing the street at the corner of Calle Yardo and Santa Rosa (Santiago). He died at a hospital that night. Many witnesses have testified that they saw soldiers shooting from a pickup truck. The judge in the case declared himself incompetent because he thought that those who had shot him were soldiers who were carrying out their responsibility or were on duty. On the basis of the evidence presented, this Commission holds the conviction that the government agents who acted in this area used excessive force and violated the human rights of Jorge Antonio Fernández.
      
      Manuel ROIG BERENGUER, 56, a photographer, was involved in the building trade. On the night of September 5, the La Faena shantytown (Santiago) was being guarded by the army, and the last police had left when the incident that cost Manuel Roig his life took place. Numerous witnesses have similarly testified that the soldiers were firing their weapons, and that after Manuel Roig was hit, they called an ambulance. One witness says that young people in the area had made barricades to stop police vehicles. The soldiers used loudspeakers to order people to go into their houses and stay there. As Roig was closing his front door, he was shot in the head. He died the next day at the Institute for Neurosurgery. The witness says that at the moment of the shooting, "the situation was chaotic and bullets were flying everywhere. They weren't shooting in the air." Another eyewitness stated that on the street where this happened there were two guards who were under the command of an officer who was patrolling Avenida Grecia, and that they were firing into the air. He goes on "I could see the guards who were shooting into the street. I immediately heard a shout of someone crying for help...The officer in charge quickly arrived and began to yell insults. He and other soldiers beat one of the two soldiers who was standing guard at the street corner. They beat him so hard he fell down, and they continued beating him. I heard one of them saying something like, 'What kind of idiotic...(insult)' and other insulting remarks." They then stopped a car to take away the soldier who had been beaten. From the testimony and evidence examined, it is evident that even the soldiers clearly recognized the seriousness of what had happened. This Commission holds the conviction that even if there were barricades and demonstrations in this area, excessive or unnecessary force was used at this moment and in this particular case, and hence government agents violated Manuel Roig's right to life.
      
      José Antonio SOTO HERRERA, 15, was a high school student. On the night of September 4, people involved in anti-government demonstrations attacked a cluster of apartment buildings at the corner of Avenida Santa Rosa and Calle Esperanza (Santiago). The attackers were fired upon from inside the buildings. This adolescent was walking by and was hit by one of the shots and died. On the basis of the testimony and evidence the Commission examined it cannot be presumed that the shooting was politically motivated. Rather, it seems to have been a reaction to aggression by the demonstrators. Hence this Commission holds the conviction that José Antonio Soto was caught up in actions of political violence and suffered the fatal consequences.
      
      Julio Celestino SUAZO SANDOVAL, 26, a worker, was out in the street near his home in the La Florida district on the night of September 4, when he was killed by a bullet that went through his lung. The Commission has examined testimony indicating that there were various anti-government demonstrations taking place nearby and that unidentified people in a private car shot Julio Suazo. One witnesses stated, "A gray car pulled up. I don't know what make it was, and it didn't have a license. There were four people inside. One of them got out, pulled out a big pistol, and fired." What has been presented leads this Commission to the conviction that Julio Celestino Suazo was killed in a violation of his right to life committed by politically motivated private citizens.
      
      Héctor Gregorio ZAVALA LOPEZ, 29, married, who worked in the Employment Program for Heads of Households, was killed as a result of clashes occurring on the afternoon of September 4 in the context of protest activities at the corner of Calles Teniente Cruz Martínez and Aurelio Díaz Meza in La Pintana (Santiago). A group of persons took advantage of the moment to attack a local bakery, but those who were guarding it fired a shotgun. Zaballa was wounded by buckshot and died. The evidence gathered leads this Commission to assume that he was killed in the course of defending a business, but that he cannot be assumed to have been involved in the attacks, and that hence Héctor Zavala died a victim of the political violence of that moment.
      
      Domingo Salvador YAÑEZ HERNANDEZ, 29, worked as a stagehand. On the night of September 5 he was at the intersection of Calles San Luis de Macul and Principal (Santiago) when a bullet hit him. Accounts by witnesses indicated the complexity of the situation. There were a number of barricades stopping traffic. The power had been cut off by chains thrown over the transformers. Gun battles were taking place. The evidence the Commission examined was insufficient to clarify what really happened nor the source of the fatal shot. On the basis of the evidence presented, however, the Commission came to the conviction that Domingo Salvador Yáñez was killed in the context of the political violence taking place at that site.
      
      Rafael Antonio GALLARDO ARANCIBIA, 6, a primary school student, was in the street when he received a fatal bullet wound on September 6. The accounts examined by the Commission all agree that a store owner fired bullets in order to repel an attack by demonstrators. A bullet hit this child who was watching what was happening. The man who fired the shots was not politically motivated, but was defending his property. The Commission nonetheless holds the conviction that his action was provoked by political actions that went beyond the legitimate exercise of the right to free expression, and the result was that Rafael Antonio Gallardo died a victim of this situation of political violence.
      
      On November 6, 1985, on the second day of a Mass Mobilization, four people were killed:
      
      José del Tránsito NORAMBUENA CANALES, 24, a worker, was kit by a bullet on the night of November 6. Many witnesses saw troops go by firing from a military truck as residents were participating in street demonstrations in the Herminda de la Victoria shantytown (Santiago). The testimony received as well as the general facts on how the military acted to control street demonstrations, leads the Commission to presume that in this instance government agents used excessive force and violated José del Tránsito Norambuena's right to life.
      
      Ervin Néstor ITURRA GONZALEZ, 22, a mechanic, died of bullet damage to the face and neck as an anti-government demonstration was taking place at the corner of Calle Luis Infante Cerda and 5 de Abril (Santiago). The evidence that the Commission received does not make it possible to determine what really happened nor where the shots came from. However, given the fact that he was killed in the context of a political demonstration, and taking into account the general background on the violence that tended to occur during such demonstrations, the Commission presumes that Ervin Néstor died a victim of the political violence of that moment.
      
      Luis Héctor PEÑAILILLO VEGA, 39, was hit in the head by a bullet while he was standing in his doorway on November 6. There was shooting in the area of the Alto Palena shantytown (Santiago). Among all the persons who testified before the Commission, none could identify who fired the shots. In view of the context, however, the Commission believes that Luis Héctor Peñailillo died a victim of political violence.
      
      Emilia de las Mercedes ULLOA SAN MARTIN, 21, a housewife, was at the intersection of Calles San Daniel and La Estrella in Pudahuel (Santiago) on the night of November 6, when she received a fatal bullet wound. Several credible accounts indicate that the shots were fired by unidentified individuals who were driving around in a private automobile while demonstrations and clashes were taking place in the area. On the basis of what has been presented, the Commission has decided that this action by private citizens was political in nature, and that they violated Emilia de las Mercedes Ulloa's right to life.
      
      On May 20, 1986, a Day for Democracy was held. In the context of the demonstrations that day in Santiago Ronald William WOOD GWIAZDON, 19, who was studying auditing at the Professional Institute in Santiago, was killed. That afternoon during demonstrations in support of the International Parliamentary Assembly that was being held in a hotel in downtown Santiago, a group of students gathered at the Loreto Bridge. Army troops who were patrolling center of the city were in position on the southern side of the bridge, blocking the students. Eyewitnesses say that at a particular moment the soldiers began to cross the bridge and to fire into the air to disperse the students. The students stood their ground, however. Suddenly, Ronald Wood fell down wounded. A private citizen took him to a hospital. He died three days later of "cranial encephalic trauma due to gunshots." Experts consulted indicated that the shot had come from an anti-riot shotgun. Some eyewitnesses say they saw a shotgun in the hands of a solider, or that they heard it among the rifle shots. The evidence presented and the credible testimony that the demonstration was peaceful, enable this Commission to come to the conviction that Ronald Wood was killed by government agents who used excessive force and thus violated his right to life.
      
      On June 13, 1986, in the context of a student demonstration along the Panamerican Highway heading north (Santiago) to protest the passing of education over to municipal governments, Guadalupe del Carmen CHAMORRO LEIVA, 18, a domestic servant, died of "cranial encephalic trauma." The accounts examined by the Commission suggest various possibilities on the source of the shooting. The Commission nonetheless holds the conviction that Guadalupe del Carmen Chamorro died a victim of the political violence that characterized that period.
      
      On July 2 and 3, 1986, eight persons were killed in connection with the National General Strike:
      
      Iván Marcelino AQUEVEQUE ANTILEO, 21, was working as a carpenter's assistant. Early on the morning of July 2 he was in the street when he was hit by a fatal bullet through his chest. A number of witnesses have testified that he was in the street with other young people when a military patrol appeared. The young people ran away, and the soldiers fired their weapons. He was hit by a bullet. Bearing in mind the evidence in this case and other testimony on how troops acted in operations to maintain public order during day long demonstrations, the Commission holds the conviction that Iván Aqueveque was killed by government agents who used excessive force and violated his human rights.
      
      Rodrigo Andrés ROJAS DENEGRI, 19, was a photographer. He normally lived in the United States, but he had been in Chile for six weeks at the time he was killed. In the early morning of July 2, 1986, the first day of the National General Strike, he and other young people went to set up a barricade-bonfire. He and a young woman were arrested by a military patrol. One of the patrol members was carrying some of the flammable materials that the young people had left behind. Subsequently, in a confusing incident that has been disputed in the courts, the two people arrested were set on fire. The soldiers put out the fire by wrapping them in blankets. They were then put onto a military vehicle and left far from the site of their arrest. Private citizens later provided help, and police officers picked them up and had them taken in a private car to a hospital where they received treatment. Only the young woman's life could be saved. Rodrigo Rojas died on July 6 at the Central Emergency Clinic. Having examined and analyzed all the evidence in the case and the different accounts presented to the court, this Commission holds the conviction that Rodrigo Rojas suffered a grave human rights violation inasmuch as he was killed as a direct consequence of the unlawful actions or omissions of soldiers, whatever may have been the degree and nature of individual responsibility of those involved.
      
      Nadia del Carmen FUENTES CONCHA, 13, an elementary school student, was walking along Avenida El Parque (Santiago) on the morning of July 2, when she sustained a fatal bullet wound. Testimony received by the Commission indicates that the shots were fired indiscriminately by a nearby military patrol. Reports that unrest or acts of violence were taking place at that time and place have not been verified. The evidence presented leads the Commission to come to the conviction that the death of the minor Nadia del Carmen Fuentes was the result of the use of excessive force by soldiers and that they violated her human rights.
      
      Francisco Humberto LOPEZ ZUÑIGA, 19, was on the street in the Oscar Bonilla shantytown (Santiago) on the afternoon of July 3 when he was hit by a bullet. He died in a hospital shortly thereafter. Testimony gathered by the Commission indicates that the shots were fired by troops who were driving around in a military truck. Whether or not clashes or disturbances were actually taking place is confusing since accounts are contradictory and unverified. This testimony and the background information on procedures used by the military during this National Strike lead this Commission to the conviction that the human rights of Francisco López were violated by government agents who used excessive force.
      
      Ernesto Igor RIOS CESPEDES, 18, a drafting student at the Catholic university, was on the street in the La Legua shantytown (Santiago) on the morning of July 3 when a bullet hit him and went through his head. He died of "cranial encephalic trauma caused by a perforating bullet wound." Witnesses have said that soldiers shot at a group of people. The exact circumstances of the incident cannot be determined, but the kind of death (from a bullet), statements by witnesses, and the overall context of military patrols, makes it possible to hold the conviction that Ernesto Igor Ríos's right to life was violated by government agents who killed him using excessive force.
      
      Boris Arnold VERA TAPIA, 26, an accountant, was taking part in street demonstrations at the corner of Avenida La Feria and Ramona Parra (Santiago) on the night of July 2. Many witnesses have testified that unidentified civilians who were driving a utility vehicle fired shots at the demonstrations. One of these shots killed Boris Arnold Vera. Considering these events and the context, this Commission holds the conviction that politically motivated private citizens violated his human rights.
      
      Rubén Alejandro CONTRERAS GRANDON, 18, was at the corner of Avenida Américo Vespucio and Rojas Magallanes (Santiago) when a bullet hit him in the back. He died of a "bullet wound to the chest and abdomen." The accounts received in the Commission agree that a fierce gun battle was taking place at that site and that government agents were involved, but they do not make it possible to specify where the fatal shot came from. Nevertheless, the incident and its context enables this Commission to come to the conviction that Rubén Alejandro Contreras died a victim of the political violence taking place at that time.
      
      José Eduardo VALDIVIA VALENZUELA, 17, an unmarried worker who was attending night classes in his fourth year of high school, was taking part in a barricade-bonfire at the corner of Calles Lucero and La Estrella (Santiago) on July 3, when he was hit by a fatal bullet. The accounts examined by the Commission make it possible to establish that shots were fired at the demonstrators, but where the shots came from cannot be determined. Hence this Commission holds the conviction that José Eduardo Valdivia suffered a human rights violation at the hands of politically motivated private citizens who were presumably opposed to the protest.
      
      On September 4 and 5, 1986, several anti-government demonstrations were held. In that context two persons were killed: Eduardo Germán VIELMA LUENGO, 24, a worker, was killed on the night of September 4 by "bullet damage to the right lung." All the evidence gathered indicates that the police were involved and that they fired their weapons. The Commission was unable to determine whether street disturbances were taking place and if so, how significant they were. Nevertheless, on the basis of the various accounts by witnesses and the way he died (from a bullet wound), the Commission presumes that Eduardo Vielma suffered a human rights violation at the hands of government agents who used excessive force.
      
      Miguel Angel HERNANDEZ ALBORNOZ, 17, was at the corner of Calles 7 Oriente and 6 Sur (Santiago) on the afternoon of September 4 when a bullet hit him. He died the next day. Various witnesses have testified that unidentified individuals fired their weapons from a private automobile. These facts and the context in which the events took place, have led this Commission to the conviction that Miguel Angel Hernández died a victim of human rights violations committed by politically motivated private citizens.
      
      On September 11, 1986, Cecilia Adelaida PIÑA ARRATIA, 22, a textile factory employee, was killed. That night she was on the street in the La Victoria shantytown (Santiago), when she was fatally wounded by a bullet shot by civilians who were driving a private automobile. The testimony and evidence gathered by the Commission indicates that in that same general context, a bomb had gone off and the police arrived and exchanged fire with unidentified people. In any case, the evidence and testimony agree that the people in the car shot at Cecilia Piña either previously or at the same time. There is no proof that any demonstration took place in that area, but it can be presumed that the action of firing a weapon in the context of a bomb explosion on September 11 (which has clear political overtones) was politically motivated. Hence the Commission holds the conviction that Cecilia Adelaida Piña died a victim of a human rights violation committed by politically motivated private citizens.
      
      On March 6, 1987, Miguel Angel ANTILAF EPULEF, 22, who collected old newspapers for recycling, was standing on the corner of Lo Encalada and Carlos Dittborn (Santiago) at night during an International Women's Day demonstration when he sustained a fatal bullet wound. According to a number of accounts that this Commission finds credible, protesters had set up barricades and were chanting at that location. An automobile pulled up and the people in it shot at the demonstrators. Given the well-known circumstances, this Commission holds the conviction that Miguel Angel Antilaf was killed by private citizens who violated his human rights for political reasons.
      
      On April 2, 1987, Erick Patricio JUICA CORTES, 26, a news vendor, was killed at a land occupation site in the Conchalí district. That afternoon troops arrived in trucks and expelled the people from the land, firing their weapons to do so. On the basis of various accounts by witnesses and items of evidence, this Commission presumes that even though it is legitimate to expel people who have illegally occupied land, force was used disproportionately and Juica's human rights were gravely violated.
      
      On October 7, 1987, a National Strike was held. Four people were killed in the demonstrations and clashes that took place on that occasion: José Enrique CAYUNAO VILLALOBOS, 20, a worker, sustained a bullet wound the night of October 7 during a street demonstration that took place on Avenida Grecia (Santiago). He died a month later after several operations. Soldiers arrived and fired their weapons to disperse the demonstrators. The medical report indicated that judging by the magnitude of the damage it caused, the bullet must have been "large calibre and high speed." On the basis of the foregoing, and especially considering the nature of the wound, the Commission holds the conviction that members of the military fired the fatal shot. Moreover, on the basis of testimony from several eyewitnesses, in combination with the overall background of how the military acted in maintaining public order, this Commission presumes that those government agents used excessive force and thereby violated José Cayunao's human rights.
      
      Felipe Antonio GUTIERREZ GARRIDO, 2, was with his father on a corner near their house in Villa El Parral October 7 in the afternoon. Suddenly he was hit by a bullet and died. A witness stated that shooting could be heard, but that the unrest was occurring four or five blocks away. Other evidence examined does not make it possible to determine where the fatal shot came from. Testimony on the overall context has enabled the Commission to come to the conviction that Felipe Antonio Gutiérrez died a victim of the political violence taking place at that location.
      
      Jorge Patricio GUZMAN URRUTIA, 21, a worker, was killed by a bullet to the head on the night of October 7. Several accounts indicate that unidentified individuals shot at people who were taking part in a street demonstration at the corner of Calles Nicaragua and Estados Unidos (Santiago). Given the context and the testimony examined, this Commission holds the conviction that politically motivated private citizens took Jorge Guzman's life.
      
      Carlos Rosendo Richard VALDEBENITO ESPINOZA, 19, was on Avenida Las Industrias (Santiago) on the night of October 7, when he was attacked by unknown people who were driving around in an Opala taxi and firing at demonstrators. He died of cranial encephalic trauma caused by a pellet. Accounts gathered by the Commission indicate that street demonstrations were taking place and that the source of the shots was the one just mentioned. This Commission therefore holds the conviction that Carlos Valdebenito died a victim of the violation of human rights by politically motivated private citizens.
      
      On March 8, 1988, demonstrations and clashes were taking place around the celebration of International Women's Day. Roberto Eliecer VALDEBENITO VIRA, 30, a miner, was killed in the Eighth Region. After midnight the police moved in to break up street actions that were taking place in the Javiera Carrera neighborhood (Curanilahue). Valdebenito was at a barricade-bonfire when he was hit by a bullet presumably fired by the police. Since there is not enough evidence to determine the circumstances that prompted the police to step in, this Commission holds the conviction that Roberto Eliecer Valdebenito died a victim of the political violence characteristic of that period.
      
      On April 28, 1988, Alexis Eduardo MUÑOZ RIVEROS, 17, a technical school student who was active in the National party, was killed. That night after a student demonstration in support of a protest by the teachers, he was killed by a bullet fired by a private citizen in the area of Avenida Departamental (Santiago) under circumstances that the Commission was unable to clarify. The evidence gathered by the Commission enables it to come to the conviction that the killing of Alexis Eduardo Muñoz was the result of the political violence of that period.
      
      On August 30 and 31, 1988, street demonstrations were held to protest the nomination of President Augusto Pinochet as a candidate for the plebiscite that year. Four people were killed:
      
      Edison Freddy PALMA CORONADO, 15, was a student. On the night of August 30, a group of people marched along Avenida Grecia to Calle Ictinos (Santiago) near a Centro Abierto. There he died of "thoracic, cardiac, and pulmonary trauma caused by a bullet," although it proved impossible to determine the circumstances and origin of the shot. On the basis of the evidence it has been able to gather, the Commission has come to the conviction that Edison Palma died a victim of political violence.
      
      Sergio Williams ALBORNOZ MATUS, 14, was working as a mason's apprentice. On August 30 demonstrators attacked the storage buildings in a municipal park near Villa La Cultura (Santiago) and set them on fire. Police and firefighters arrived. In that context shots were fired from several different directions. A bullet hit Albornoz and killed him. The evidence on this particular case and background information on the context enables this Commission to come to the conviction that Sergio Albornoz died a victim of the political violence of that period.
      
      Carlos Eugenio ARANCIBIA CANTILLANA, 23, was killed by a bullet on the night of August 30, while he was in the street after demonstrations in the city of Quillota. The evidence gathered indicates that he was participating in a march and then in barricade-bonfires. He told people there that he was being followed by a car. A witness heard someone, presumably Arancibia, being forced to run, and then shots fired at him. Carlos Arancibia managed to get himself to within a few blocks from his parents' house. The evidence presented enables this Commission to come to the conviction that Carlos Arancibia was killed by private citizens who violated his human rights for political reasons.
      
      Antonio Oviedo SANDOVAL CARES, 31, worked as a carpenter. A barricade was set up at the intersection of Avenida Santa Rosa and Calle Venancia Leiva (Santiago) on the night of August 30. Testimony examined by the Commission indicates that a bus that had been hit by rocks at previous barricades drove up and the demonstrators let it pass. As it was going through, however, unidentified individuals on the running board shot at the demonstrators. Antonio Oviedo Sandoval was wounded and later died of a bullet wound to the face, head, and brain, according to his death certificate. Another witness has testified that those same individuals had previously fired their weapons elsewhere and did so again at another site, before getting off the bus. The evidence presented makes it possible to presume that the perpetrators were politically motivated. This Commission holds the conviction that Antonio Oviedo died as a result of the violation of his human rights committed by private citizens for political reasons.
      
      When the plebiscite was held on October 5, 1988, a number of demonstrations were held to celebrate the victory of the "No." Two persons were killed in that context.
      
      Carlos Segundo MORALES ALVAREZ, 31, worked repairing shoes. On the night of October 6 as the residents of the José María Caro shantytown (Santiago) were holding street demonstrations, police came driving through in a van. A number of witnesses have testified that the official troops were firing bullets and launching tear gas canisters as they passed. When consulted by the Commission, the police said that "serious disturbances were being organized, and people were attacking police, throwing things at them, and even shooting at them." They also said that "in the course of dealing with these serious disturbances, a van and a police bus were structurally damaged by bullets. Rock throwing also caused serious damage." It was acknowledged that the "police went to that location, and Carlos Segundo Morales Alvarez was wounded and later died in the emergency ward at the Barros Luco Hospital." The evidence presented and statements made by witnesses who say that the demonstration was peaceful lead the Commission to presume that Carlos Morales suffered a human rights violation at the hands of government agents who used excessive force.
      
      Luis Alberto SILVA JARA, 14, a flower vendor, was killed by a bullet fired at demonstrators near the corner of Avenida Alameda Libertador Bernardo O'Higgins and Las Rejas (Santiago) on the night of October 6. The evidence gathered does not make it possible to determine who shot at the demonstrators and hence this Commission presumes that Luis Silva's right to life was violated by politically motivated private citizens who presumably were opposed to the demonstrations.
      
      On December 15, 1989, Sebastián Rodrigo RIVAS OVALLE, 23, was killed in a celebration over the victory of Patricio Aylwin in the presidential election. This happened in the area of the Escuela México (Valdivia). Police arrived, but the demonstrators decided not to run. A witness says that "they picked out Sebastian because he had his (Aylwin) T-shirt on." The same accounts indicate that the police then beat him. He came home with signs of the beating all over his body. The next day he was taken to a hospital. He died there of a cranial encephalic trauma with intracranial hemorrhage, as the death certificate states. The police version was that outbreaks of violence were taking place, and hence official forces had to step in. They stated that Rivas may have been hit with a policeman's stick, but that there were other possible reasons for his injuries entirely apart from the police action. Even if there were some need for the police to take action in this case, in weighing the evidence it gathered, and especially testimony by people closest to the scene, the Commission presumes that government agents used excessive force and violated Rodrigo Rivas's right to life.
      
      On the night of December 29, 1989, Jaime Antonio QUILAN CABEZAS, 26, a worker, was taking part in a local anti-government demonstration in the Cerro Navia district (Santiago). According to credible accounts, when the demonstration was over, someone who had arrived shortly before followed Jaime Quilán in a car and fatally shot him in the back. According to evidence examined by the Commission, Jaime Quilán was actively involved in activities of opposition to the government. Hence the perpetrator can be presumed to have been politically motivated. This Commission therefore holds the conviction that Jaime Quilán died as the result of a human rights violation by a politically motivated private citizen.
      
      

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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. II/II, Part Three, Chapter Three (C.2), 721-751.
Note: Digitized and posted by permission of the University of Notre Dame Press, February 22, 2000.