f)          Death of Jaime Ignacio Ossa Galdames


          Personal background information:

          Date of birth:                                                  October 2, 1943

          Identity certificate:                     4.529.032 of Santiago

Domicile: Argentina 9156, Comuna la Cisterna

Civil status: Single

Profession: Professor of Spanish at the Catholic University and the Night Secondary Lyceum Juan Bosco


          He was arrested in his domicile on October 20, 1975, between midnight and 12:30, by 5 persons who identified themselves orally as belonging to the Military Intelligence Service (among them a woman), all of whom had come to the house of Ossa an hour before. The arrest took place at the moment Ossa arrived at his house and it was in the presence of his parents.


          The day following the arrest, a number of the family of Ossa talked with one of the persons who carried out the arrest, who identified himself as a member of the DINA. The first information that was obtained concerning the detained person was obtained by means of a recurso de amparo, with a report on October 27, 1975, from the Ministry of the Interior informing the Court of Appeals that Ignacio Sossa Galdames “was under detention in the Campamento 4 Alamos.” On December 1, they were told in the office of that agency, that there was no information whatever concerning the arrest of Ossa Galdames and that the report of the Ministry of the Interior had been declared null by order of that Ministry itself. In view of this, there was presented to the pertinent Criminal Court a criminal complaint and, before the Court of Appeals, a new request for a recurso de amparo.


          On December 11, 1975, through the Medical Legal Institute, it was learned that, not having been claimed by members of his family, the body of Jaime Ignacio Sossa Galdames had been put in a common grave in the General Cemetery. The death certificate stated that the person affected had died on October 25, in the public thoroughfare, from an abdominal vertebral trauma.


g)       Deaths of Alberto Gallardo, Roberto Gallardo, Catalina Gallardo and Mónica Pacheco and Luis Andrés Gangas Torres


          On November 19, 1975, the Information Headquarters of the Government announced that a violent confrontation with shooting took place between members of the DINA and Investigations and 6 “extremists” who were dead in the Rinconada de Maipú. In one of its parts, the report stated: “With supplementary investigation, it has been possible to come to the following conclusions: the dead extremists are Mónica del Carmen Pacheco Sánchez, alias Miriam, belonging to the MIR, 26 years of age, teacher of Basic Education in School 457 of Quilicura, married to Roberto Gallardo Moreno, alias Juan, likewise of the MIR, who was killed in the shooting that took place in School Nº 51, last Monday. Catalina Esther Gallardo Moreno, likewise belonging to the MIR, 30 years of age, sister of Roberto Gallardo Moreno; Manuel Lautaro Reyes Garrido, also belonging to the MIR, Alberto Gallardo Pacheco, belonging to the proscribed Communist Party; Luis Andrés Gangas Torres, alias Jaime or Lucho Cárcamo, belonging to the MIR, trained in Moscow, and Pedro Blas Cortés Jeldes, belonging to the Communist Party, alias Marcos.” However, things were completely different, according to the explanation in the request for a recurso de amparo presented to the Court of Appeals of Santiago, on Thursday, November 20, on behalf of three of these victims, by a member of their immediate family. This recurso was entered on behalf of Alberto Recaredo Gallardo Pacheco, his daughter Catalina and his daughter-in-law Mónica del Carmen Pacheco.


          In the request for the recurso, it was indicated that Catalina Gallardo, on Tuesday, November 18, at 11 o’clock in the morning, came to the house of one of her sisters, in anguish because of the disappearance of a brother of both, Roberto, who had not come home the preceding night. Catalina remained all day at the house of her sister and, at 7 in the evening, her sister-in-law, Mónica Pacheco arrived, three months pregnant, seriously worried about the fate of her husband since they had not heard anything from him. They both thought that he was implicated in a confrontation that had occurred the night of Monday, November 17, at the School Nº 51 in Calle Bío-Bío, Santiago.


          At 10 o’clock at night, 6 individuals dressed in civilian clothes came, carrying machine-guns, and they took away the three women, with a child of 6 years, son of Catalina Gallardo, after requesting identification of the husbands of Catalina and Mónica Pacheco.


          They were taken to the headquarters at General MacKenna, and at the main entrance they saw Alberto Gallardo, his wife, Ofelia Moreno, and their granddaughter, Viviana, 9 years of age, and their son Guillermo Gallardo.


          When they entered the headquarters of Investigations, they were separated. Mónica remained on the first floor and the rest of the group were taken to the basement and remained in the hallway without being able to speak. The father, Alberto Gallardo, and his son Guillermo were interrogated separately. The father remained in a room and, subsequently, Catalina Gallardo and her sister-in-law, Mónica Pacheco, were separated from the group. They were interrogated approximately an hour and a half. They heard screams and the disturbance this caused to the personnel of investigations.


          At 5 in the morning, the sister of Roberto Gallardo heard her father calling: she went out of the room where she was and she saw him alive.


          At 8:45 in the morning of Wednesday, the 19th, the said person was left at liberty with his mother, his brother Guillermo and the two minors. Before that, he had been informed that his brother, Roberto Gallardo, had died in a confrontation on Monday night at School Nº 51, that his father and his sister had been delivered to the DINA, since they would know what to do with the detainees, and that his sister-in-law had been taken to another prefecture of investigations.


          Separately, the mother of Luis Andrés Gangas Torres related, as follows, the incident that culminated in the assassination of her son. On Wednesday, November 19, at 3 in the morning, the following persons were detained in her house in Calle San Pablo 1955: Doña Ester Torres, mother of Luis Andrés, and her sons: Renato, Mauricio, and Francisco Javier Gangas Torres, 24, 18 and 20 years of age.


          The persons who made the arrest did not exhibit any order and they forced open the lock on the door to the street. Having completed a search, they asked for Luis Andrés, who was not living with his mother. Then, they blindfolded the 4 persons, put them in a vehicle and took them to Villa Grimaldi. They separated the sons from the mother and began to interrogate them. She heard their screams and an individual who was guarding her threatened her with identical treatment if she would not tell them the whereabouts of her son.


          She was confident that justice would give opportunity for the defense of Luis Andrés, if he was involved in some political matter, and, in view of the suffering of her sons, she decided to reveal to the DINA the place where her son, Luis Andrés, was.


          The mother of Luis Andrés led the members of the DINA to the house of her father. There she saw that the block was surrounded by innumerable people and vehicles. They penetrated the house violently and arrested Luis Andrés.


          Luis Andrés and his mother were put in an auto. On the way to Villa Grimaldi, the young man was questioned about his political militancy. He denied that he was a militant of the MIR and that he had borne arms. When they arrived at Villa Grimaldi, Luis Andrés was taken to a place apart. Ester Torres rejoined her three sons.


          At approximately 4 in the morning, they arrived at Cuatro Alamos, and Luis Andrés was left in Villa Grimaldi.


          h)          Death of Oscar Arrow Yáñez


          He was detained on Friday, September 26, at 4 o’clock in the afternoon at his place of work, ENACAR, Teaching Section, Concepción, where he was working as a lathe operator.


          The supervisor of the Company informed his wife, Mary del Carmen Nurín Castro, that a carabinero came to “talk” with her husband. Upon leaving the plant, they put him in a white Fiat 125. A relative told her of the arrest and she went to her mother’s house. While she was on her way there, she was detained by the police. They put her in the vehicle in which her husband was, and they took both of them to their house, which was searched.


          The following day, Arrow Yáñez was taken again to his house. They told his wife that they had brought him there so he could wash himself and change his clothes.


          “My husband was emaciated, pale, talking incoherently, as though he were crazy and could not speak. I helped him wash, he could not do it by himself, and I saw his beaten body. I asked him why it was that way and he said they had hit him a lot.”


          Arrow Yáñez was put in the auto again, he was able to say goodbye to his son, and that was the last time they saw him alive.


          On Sunday, the 28th, he was found in the public thoroughfare, in a place called “Calero,” in Lota Alto, by a carabinero. He died as he was being taken to the hospital.


          The death certificate issued by the Hospital stated that the cause of death was acute anemia brought about by bullet wounds and the bad treatment received. A relative visited him in the Medical Legal Institute and was prepared to present information to a court stating that the body was mutilated, the testicles inflamed, and that there was a perforation in the thorax and another in a wrist.


          i)          Andrés Nicanor Cortés Navarro


          Personal background information:

          Age:                            17 years

          Civil status:                                        Single

          Domicile:                                    Barrancas

          Profession:                                 Ironing worker


          Andrés Nicanor Cortés Navarro was shot on September 19, 1975, at 2:30 in the morning, in the public thoroughfare by a uniformed man who got out of a private truck with two other men.


          Cortés Navarro, was with two brothers, his sister-in-law and a nephew in a house that was authorized for Patriotic Festivals by the Mayoress of Santiago. They stayed there until one-thirty in the morning of the 19th, and at that time they left for home, which was 5 blocks from the place. They went by a place where alcoholic liquors are sold, to buy a demijohn, since they were going to stay up to see a tennis match that was being transmitted by television at 6 in the morning.


          The place they entered was two blocks from their house. They left there, walked a block and a half, and it was two-thirty when they were stopped by a private truck driven by a member of the Chilean Army, in olive-green uniform, who was accompanied by two other uniformed members of the Army. These two carried machine guns. The chauffeur stopped them with filthy language and asked them for their identity cards.


          The driver got out of the truck; his two companions got out, and they again asked for the documentation. The sister-in-law of Nicanor Cortés was frightened and ran to the house with her little boy; the house was about 100 meters away. Nicanor, seeing that they were going to fire at his sister-in-law, thrust himself in the way and cried at them not to do it. The uniformed man shot 4 times into Nicanor; twice in the chest and twice in the leg beside the testicles. The driver of the truck ordered them in a loud voice to finish him off. These cries were heard by neighbors who had been awakened by the pistol shots.


          j)          Death of Dagoberto Pérez Vargas


          The national media reported on October 16 and 17, 1975, that, in a confrontation between members of the Intelligence Headquarters (DINA) and members of the Movement of the Revolutionary Left (MIR), which occurred in the night of Wednesday, October 15, in the property Santa Eugenia, the locality of Malloco of the Province of Santiago, a leader of that group in opposition to the government of the Military Junta, Dagoberto Pérez Vargas, had died.


          According to information published in “El Mercurio” (17-10-75), “On Wednesday afternoon, members of the National Intelligence Headquarters [DINA] dressed in civilian clothes went to the main entrance of the property accompanied by two functionaries of the Carabineros from Padre Hurtado.” According to this same source, these agents knew that a cell of this movement existed in that place, and the DINA planned to carry out a search.


          “As soon as,” reports “El Mercurio,” “the uniformed police arrived at the big wooden door of the property, a rain of bullets from a point 30 machine gun closed off the passage for the military personnel.” There was then an intense exchange of fire which increased when the DINA called in reinforcements. The leader, Dagoberto Pérez, who continued firing in order to cover the flight of his companions, fell mortally wounded. Another four persons, according to this source, had fled.


          However, according to the version of a witness to the confrontation (who lived in the vicinity), which has not been sufficiently verified, Dagoberto Pérez Vargas had not died in the confrontation but had been seriously wounded and was in a state of semi-consciousness. In that condition, he had been taken to some unknown place to be interrogated and had then died. According to this source, Dagoberto Pérez was still able to move at the time he was taken from the place of the confrontation.


          On October 22, the morning newspaper “Las Últimas Noticias,” reported that “until the late hours of yesterday (October 21), no one had claimed or identified the body” of Dagoberto Pérez Vargas. In the same news item, it was stated that “the background information obtained from sources close to the Legal Medical Institute indicate that Dagoberto Pérez arrived at that place in the morning of Friday (October 17), the day the autopsy was carried out, with numerous bullet holes in his body.


          “Until yesterday,” “Las Últimas Noticias” continues, “the body appears as N.N. of masculine sex and no one has come to claim it or identify it.”


          Contradicting this information, members of the family of Dagoberto Pérez Vargas went, for the first time, precisely on Friday, October 17, to the Medical Legal Institute where they were denied the body of that person. Surprisingly, then, these same members of the family were informed, in the same Medical Legal Institute, that the body of Dagoberto Pérez Vargas had been buried in common grave Nº 5588 or Nº 5589, in patio 26, of the General Cemetery of Santiago, the preceding Wednesday, December 10. The reason that was adduced was that “no one had come to claim or identify” his body, just as the facts are reported in the morning newspaper “Las Últimas Noticias.”


B.  Persons detained and presumed to be dead


          16.          The Inter-American Commission on Human Rights, in its first report, indicated that the number of cases of persons who had disappeared after their detention and whose whereabouts are unknown was very large. This constituted, certainly, one of the factors that caused the most disquiet and anguish in the Chilean family. With the passage of time and thanks to the measures adopted by the Government of Chile, by private organizations and by the High Commissioner for Refugees of the United Nations, the problem of disappeared persons has diminished numerically, but it has become more seriously qualitatively. The fate of the majority of the thousands of disappeared persons has been clarified and has been reduced to a figure that varies between 153 and 168 persons. The list has been stabilizing, even though from time to time some names are taken off and others are put on. That figure pertains to the category of persons who have been detained, have disappeared and are presumed to be dead, considering the length of time that has passed since their detention and other indications, related to the place of detention and the circumstances of the respective detentions, all efforts to determine their whereabouts having been exhausted.


          17.          The Inter-American Commission on Human Rights has received a large number of communications related to this category of detained persons, who have disappeared and are presumed to be dead, including voluminous news reports published in the Chilean and international press. In view of the impossibility of referring to all this material, in large part repetitive and frequently contradictory, the Commission prefers to take as a point of departure the information and the statistical data which have been consistently set forth in the requests for the designation of an Extraordinary Visiting Minister presented to the Supreme Court of Chile by Monsignor Fernando Ariztia Ruiz, Bishop of the Catholic Church and other representatives of various churches, the most recent of which is dated September 5, 1975.


          18.          The substantial parts of the allegations of the proposers of this designation, before the Supreme Court, are the following:


                   In any organized society such as ours, no one is above the law; we are all subject to the law. No one in such a society can consider himself the arbiter of the life of another person, nor carry out any act that even places in danger his security and integrity. If this, unfortunately, happens, it is the Courts of Justice that must intervene, investigating the facts and sanctioning those responsible, with the objective of avoiding the repetition of this conduct.


                   This has always been understood by the Supreme Court, which has been extremely vigilant over any fact or circumstance that places in danger human life or seriously perturbs the peace of the national community, [which has manifested its concern] by ordering an investigation of the facts or by expressing its disquiet to the Government leaders and warning them of the pernicious consequences.


                   The disappearance of persons who have been arrested in conformity with the standards of the state of siege, that is, when those persons are in the custody, and under the tutelage, control and vigilance of the State, is certainly a circumstance of this nature.


                   Therefore, we do not doubt but that the Court is going to order an investigation of this. However, in order that the dimensions of the requested investigation may not diminish its efficacy, we request that this be initiated and centered in a preferential manner on the situation of the 188 persons arrested and concerning whose whereabouts there has been no news, whose names appear in the list that is attached as an appendix to this petition, the circumstances of whose arrest are attested in the sworn declarations that accompany the list.


                   The inquiries to which allusion is made should, in addition, necessarily include the fate of the individuals listed in the weekly publication LEA of Buenos Aires, and the Daily O’DIA, of Curitiba, Brazil, which have been reprinted in the national press of Chile, between July 18 and 23 of this year, which names are also included in the list attached to this petition. (…)


                   The first newspaper to comment on these events was the Daily El Mercurio which, in its editorial of August 3, 1975, stated that “the subject is certainly one that cannot be overlooked, since it concerns the fate of more than a hundred Chileans, the members of whose families are suffering because of their disappearance…,’ adding, in the same article, that ‘the humane thing is to do everything possible to find the disappeared persons…” Subsequently, the magazine “MENSAJE,” in its Nº 241 of August, 1975, under the title “WHERE ARE THEY?” presented 4 disquieting questions: “Where are these 119 Chileans?; if they are dead, where are their bodies?; Could they all have been liberated and have crossed the frontier clandestinely under false names to be operating now under their true identity?; Could the members of their families have sworn falsely?” This goes on in the magazine “QUÉ PASA,” which, in its edition Nº 225, of August 14, 1975, asserts, under the suggestive or disquieting headline “Are 119 Chileans Missing?” that “the gist of the problem is that 119 Chileans are missing, that they are alleged to have been killed on foreign territory: but that the last trace of them was lost in Chile and some of them are asserted to be under detention here. Their identity as Miristas [members of the MIR] or extremists is a mere suspicion; even if they were, however, obviously, their rights as Chileans and as human beings would be the same. And, in short, a rapid reply to the anguish of their families is due.”


                   Important foreign newspapers reaffirm the disquiet that is expressed in the national press. We mention only “The Financial Times” of July 29, 1975, “Le Monde” of August 6, 7, 10 and 11, 1975, “The New York Times” of August 3, 1975, and the magazine TIME of August 18, 1975.


                   The Secretary of State to whom allusion has been made has given indications of this concern about the problem that has been presented, in ordering the personnel of the civilian police, according to a report in EL MERCURIO of August 5, 1975, to carry out an investigation “to determine the origin of the list of about a hundred Chileans, presumably affiliated with the MIR, who are said to have died in armed confrontations.”


                   Unfortunately, the Minister of the Interior himself, certainly without realizing it, gave a certain amount of authenticity to the reports in the Daily NOVO O’DIA of Curitiba, Brazil, and the magazine LEA, Buenos Aires, by citing the lists and reports published in them without significant analysis and questioning, in a letter which he sent to the members of families who were affected, a copy of which is attached hereto.


                   Undoubtedly, Honorable Court, the act which demonstrates most the public alarm which has been caused by the situation of the persons who have been arrested and have disappeared and who are said to be dead in foreign countries, is the speech made by the President of the Republic, General don Augusto Pinochet Ugarte, on August 20 of this year. On that occasion, speaking from the balcony of the Consistorial Building of San Bernardo, the Chief of State announced that he had “ordered an investigation of the news from abroad about the fate of 119 Chileans,” as was reported in the Daily EL MERCURIO of August 21 of this year. (…)


                   This Committee of Churches and religious communities, during the months from March to May of this year, at the request of the members of the families of the persons who had been arrested and had disappeared, decided to carry out a complete study of the state of affairs, which it has now been bringing up to date. The accounts and testimony presented by the affected members of families and analyzed, as well as the statements in the recursos de amparo that have been presented to the Court of Appeals of Santiago, in the denunciations and formal complaints entered in the various Criminal Courts; and consideration has been given to the extent to which they have been given official cognizance, to the official replies and reports, and to the letters that have been sent to members of families by the various governmental authorities and the International Red Cross, etc.


                   From all of this, the following can be inferred:


                   1.       That practically all of the persons arrested, about whom there has been no news whatever, were arrested by civilian functionaries who did not identify themselves at the time of carrying out the arrests, even though they asserted that they were members of the National Intelligence Headquarters (DINA), and who were operating without being provided with an order issued by a competent authority, or at least without exhibiting such an order or intimating that they possessed it in legal form.


                   2.       That a large number of these arrests were carried out in the house of the affected persons, during the hours of curfew, or in their places of work. In some instances, the functionaries carrying out the arrests remained for several days in the dwelling of the affected person, even keeping the entire family group under arrest.


                   3.       That, during the first half of 1974, of a total of 1,436 persons that we register as having been arrested, 690 disappeared for a period, and 182 continue to have disappeared.


                   4.       That, during the first half of 1974, the average length of time that the arrested persons disappeared was 57 days, 21 days during the second half of 1974, and 10 days, after the issuance of Decree-Laws 1008 and 1009.


                   5.       That the total number of persons arrested during the period from January 1974 to June 1975, who continue to have disappeared, is 629.


                   6.       That, on behalf of those persons, requests for recursos de amparo and petitions for ordinary justice have been presented, so that at present not less than 220 complaints and denunciations for presumed failure of justice, illegal arrest and sequestration are in process before the 11 Criminal Courts of First Instance of Santiago, the 4 of the Department of Pedro Aguirre Cerda, and those in San Bernardo, Talagante and Melipilla.


                   From the background information that is set forth, it was concluded that the problem of the persons who had been arrested and had disappeared was a collective problem which could not be resolved individually, case by case, but which would require a common investigation carried out by a Magistrate of the highest rank. As a result of the studies, a list was prepared of the persons arrested during 1974 and the first three months of 1975, about whom there had been no news whatever after the moment of their arrest, who had continued to have disappeared for not less than a month, and in whose cases the act of arrest is attested to by members of the families or by trustworthy third persons who were prepared to declare this under oath before a Notary Public.


                   This gave birth to the list of 163 persons who have been arrested and have disappeared, for whom a request was made on July 4, 1975, for the designation of a Visiting Minister who would devote himself to investigating this situation.


                   We have now brought this list up to date, using the same basic criteria that we have described, but extending the list to persons arrested during the first half of this year. The number on the list has now increased to 188 disappeared persons.


                   There exists, therefore, background information, documents, and statements of witnesses, which are sufficient with respect to 188 persons who have been arrested and have disappeared, to initiate and carry out a judicial-penal investigation.


          19.          For the purpose of clarifying the facts mentioned in the petition of September 5, 1975, to the Supreme Court of Chile, as well as in other communications and denunciations received by the Inter-American Commission on Human Rights, it was decided to request by note from the Ministers of Foreign Relations of Argentina and Brazil, the following information:


          Mr. Minister:


                   The General Assembly of the Organization of American States, in its last session, provided that this Commission must prepare a second report concerning the situation of human rights in the Republic of Chile, which would permit an evaluation of the changes that have occurred in this respect since August 1, 1974, the date of the completion of the observation in loco that we carried out in Chilean territory, and on the basis of which we prepared our previous report.


                   In the course of the work that has been carried out to comply with this mandate, the Commission has learned of the denunciations that have appeared in an Argentine magazine and in a Brazilian newspaper, according to which a total of approximately 119 Chilean citizens, after crossing the frontiers of their country, are said to have been killed, most of them in the Republic of Argentina, either in guerrilla battles with the public forces or, in some cases, in fights or confrontations among themselves.


                   The Commission has great reservations about the sources of these reports, since the Argentine magazine which is cited is “Lea”, year 1, Nº 1, with an indication that the editorial offices, on the date of appearance of this edition (July 15, 1975), was Calle Brandsen Nº 1845 (Buenos Aires). And the Brazilian newspaper, “O Novo Día,” of the city of Curitiba, with editorial offices on the date of appearance of this edition (June 25, 1975) at Praça Osorio, 1st Floor, Apartment 104, appears not to be published at regular intervals.


                   Nevertheless, Mr. Minister, in view of the seriousness of the acts that are denounced and the anguish which such news reports have caused to the families of those who are indicated as the presumed victims, this Commission considers that it has the duty of requesting the assistance of your illustrious Government in clarifying the case.


                   The persons who are indicated to have disappeared and who are presumed to be dead are:


                   Information from the weekly “LEA” of Buenos Aires:


1.                  ACUÑA REYES, René Roberto

2.                  AGUILERA PEÑALOZA, Arturo

3.                  ANDRONICO ANTEQUERA, Jorge

4.                  ARROYO PADILLA, David

5.                  ARÉVALOS MUÑOZ, Víctor

6.                  ALVARADO BORGEL, María Inés

7.                  BINFA CONTRERAS, Jacqueline del Carmen

8.                  BUENO CIFUENTES, Carmen

9.                  BUSTOS REYES, Sonia

10.              CABEZAS QUIJADA, Antonio

11.              CARRASCO DÍAZ, Mario

12.              CONTRERAS GONZÁLEZ, Alejandro

13.              CUBILLOS GALVEZ, Carlos

14.              CHACÓN OLIVARES, Juan

15.              CHAER VÁSQUEZ, Roberto

16.              CHANFREAU OYARCE, Alfonso

17.              DE CASTRO LÓPEZ, Bernardo

18.              DOCKENDORFF NAVARRETE, Muriel

19.              DOUILLY JURICH, Jacqueline

20.              ELGUETA PINTO, Martín

21.              ESPINOZA MÉNDEZ, Jorge

22.              FLÓRES PÉREZ, Julio

23.              FUENTES RIQUELME, Luis

24.              GAETE FARÍAS, Gregorio

25.              GARAY HERMOSILLA, Héctor

26.              GALLARDO AGUIERO, Néstor

27.              GAJARDO WOLF, Carlos

28.              GONZÁLEZ INESTROZA, María Elena

29.              IBARRA TOLEDO, Juan

30.              JORQUERA ENCINA, Mauricio

31.              LABRADOR URRITIA, Ramón

32.              LAGOS HIDALGO, Sergio

33.              LARA PETROVIC, Eduardo

34.              LÓPEZ DÍAZ, Violeta

35.              MACHUCA MUÑOZ, Zacarías

36.              MUÑOZ ANDRADE, Leopoldo

37.              MARTÍNEZ MEZA, Agustín

38.              MIRANDA LOBOS, Eduardo

39.              MORALES CHAPARRO, Edgardo

40.              MONTECINOS ALFARO, Sergio

41.              NEIRA MUÑOZ, Marta

42.              ORTIZ MORAGA, Jorge

43.              PALOMINOS BENÍTEZ, Vicente

44.              PALOMINOS ROJAS, Luis Jaime

45.              PEÑA SOLARI, Nilda

46.              POBLETE CÓRDOVA, Pedro

47.              QUIÑÓNEZ LEMBACH, Marcos

48.              RADRIGAN PLAZA, Anselmo

49.              REYES NAVARRETE, Sergio

50.              REYES PIÑA, Daniel

51.              SANDOVAL RODRÍGUEZ, Miguel

52.              SILVA PERALTA, Claudio

53.              SILVA ZALDÍVAR, Gerardo

54.              TELLO GARRIDO, Teobaldo

55.              URBINA CHAMORRO, Gilberto

56.              SALINAS EYTEL, Marcelo

57.              UGAS MORALES, Rodrigo

58.              VILLAROEL GANGAS, Víctor

59.              VILLALOBOS DÍAZ, Manuel

60.              ZIEDA GÓMEZ, Eduardo


Information from the Daily “O’Novo Dia” of Brazil:


1.                  AEDO CARRASCO, Francisco

2.                  ACUÑA CASTILLO, Miguel

3.                  ARIAS VEGA, Alberto Wladimir

4.                  ANDRÓNICO ANTEQUERA, Juan Carlos

5.                  ANDREOLI BRAVO, María Angélica

6.                  ALARCÓN JARA, Eduardo

7.                  BUSTILLOS CERECEDA, María Teresa

8.                  BUZIO LORCA, Jaime Mauricio

9.                  BARRIAS ARANEDA, Arturo

10.              BRAVO NÚÑEZ, Francisco Javier

11.              CALDERÓN TAPIA, Mario Edgardo

12.              CONTRERAS HERNÁNDEZ, Claudio

13.              CASTRO SALVADORES, Cecilia Gabriela

14.              CHÁVEZ LOBOS, Ismael Darío

15.              CORTES JOO, Manuel

16.              CID URRUTIA, Washington

17.              DURÁN RIVAS, Luis Eduardo

18.              D’ORIVAL BRICEÑO, Jorge Humberto

19.              DE LA JARA GOYENECHE, Félix Santiago

20.              ESPINOZA POZO, Modesto Segundo

21.              ESPEJO GÓMEZ, Rodolfo Alejandro

22.              ELTIT CONTRERAS, María Teresa

23.              FIORASO CHAU, Albano Agustín

24.              GUAJARDO ZAMORANO, Luis Julio

25.              GONZÁLEZ PÉREZ, Rodolfo Valentín

26.              GARCÍA VEGA, Alfredo Gabriel

27.              GONZÁLEZ INESTROZA, Hernán Galo

28.              HERRERA COFRE, Jorge Antonio

29.              JARA CASTRO, José Hipólito

30.              JOUI PETTERSON, María Isabel

31.              LÓPEZ STEWART, María Cristina

32.              LAZO LAZO, Ofelia de la Cruz

33.              LLANCA ITURRA, Mónica

34.              MOLINA MOGOLLONES, Juan René

35.              MARINO MOLINA, Pedro Juan

36.              MORENO GUENZALIDA, Germán

37.              MARCHANT VILLASECA, Rodolfo

38.              MARTÍNEZ HERNÁNDEZ; Eugenia

39.              MATURANA PÉREZ, Juan Bautista

40.              NÚÑEZ ESPINOZA, Ramón Osvaldo

41.              OLIVARES GRAINDORGES, Jorge Alejandro

42.              OLMOS GUZMÁN, Gary Nelson

43.              PEÑA SOLARI, Mario Fernando

44.              PIZARRO MENICONI, Isidro Miguel Angel

45.              PÉREZ VARGAS, Carlos Fredy

46.              PERELMAN IDE, Juan Carlos

47.              RETAMALES BRICEÑO, Asrael Leonardo

48.              REYES GONZÁLEZ, Agustín Eduardo

49.              ROBOTHAM BRAVO, Jaime Eugenio

50.              RÍOS VIDELA, Hugo Daniel

51.              SALCEDO MORALES, Carlos Eladio

52.              SALINAS ARGOMEDO, Ariel

53.              SILVA CAMUS, Fernando

54.              TORO ROMERO, Enrique

55.              URIBE TAMBLAY, Bárbara

56.              VAN JURICK ALTAMIRANO, Edwin

57.              VILLAGRA ASTUDILLO, José Caupolicán

58.              VÁSQUEZ SAEZ, Jaime

59.              ZÚÑIGA TAPIA, Héctor


The Commission would most sincerely appreciate any information that your Illustrious Government may be able to provide, if possible before December 31, 1975, the date on which it should have together all the data for drafting its report, concerning [the newspaper O NOVO DIA and the weekly LEA] and whatever it may be possible to find out concerning the sources from which they obtained the information they published.


          20.          The Governments of Argentina and Brazil have not answered these requests for information.


C.    Illegal Executions


          21.          Of the denunciations received by the Commission in this category, it has been found that seven meet the formal requirements, including the detailed information necessary for transmission in conformity with the special procedure prescribed in articles 53 to 57 of the Regulations of the Commission. This file comprises Case Nº 1874.


          22.          In a note of October 11, 1974, with reference to Case 1874, information was requested from the Government of Chile, and the pertinent parts of each denunciation were transcribed for the Government. These transcribed parts were as follows:


                   1.       Miguel Salín Nash Sáez, 19 years old, recruit of the Grenadier Regiment Nº 1, Company B, with seat in Iquique. Discharged, it appears, on September 13, 1973, arrested and transferred to Pisagua. Marxist political affiliation. Killed on September 29, 1973, « for not complying with orders to ‘halt’ during flight which he was attempting with other detained persons,” according to a communication from General Carlos Forester, chief of the VI Division of the Army.


                   2.       Luis Heriberto Contreras Escamilla, 43 years old, married, resident at Porto Alegre 5742, Población Brasilia, San Miguel, detained on November 10, 1973, in his domicile, by a uniformed agent of the Infantry School of San Bernardo. Shot on November 15, the body being taken from the Medical Legal Institute on November 16 by his wife, Eloísa Peñaloza, who alleges that the body showed the marks of beating and torture. The death certificate indicates that he died “in the public thoroughfare,” even though the daily “El Mercurio,” edition of November 14, reports that he was detained “for suspicious acts.”


                   3.       Eugenio Ruiz Tagle Orrego, 26 years old, resident at Alcántara 944, Santiago, who presented himself voluntarily to the authorities when he was called, in the city of Antofagasta, on September 13, 1973, was tortured until he died. His mother, Mrs. Alicia V. Orrego de Ruiz Tagle, after receiving the body of her son, describes the signs of physical torture observed on it, and which caused his death on October 19, 1973, in the city of Antofagasta. This information was given to General Joaquín Lagos and other military authorities of the zona, and to the Under Secretary of the Interior, Enrique Montero, who was requested to give permission for exhuming the body “for the purpose of carrying out an autopsy which would show the form … in which he was assassinated.” This petition was read in the Council of the Cabinet of the Government of Chile on October 31, 1973. Mrs. Orrego herself adds that on October 30 she knew that the body of her son had “two bullet wounds,” which she reported by telephone to one of the Ministers of State.


                   4.       Arsenio Poupín Oissel, lawyer, resident at Agustinas 715, office 210, Santiago: Under Secretary of Government up to September 11, 1973, detained in the Moneda Palace on that same day with Messrs. Eduardo Paredes, Jorge Klein, Claudio Jiménez, Enrique Huerta, Enrique París Roa, Alfonso Barrios and other high functionaries of the Government of Dr. Allende. It is alleged that al of them “were first taken to the headquarters of the Tacna Regiment of Santiago and subsequently to the Military Camp of Peldehue” and that they were executed there after being beaten. These reports have been given to the Commandant of the Tacna Regiment and the Commandant of the Military Camp at Peldehue. The Ministers of the Interior and Defense refuse to give any official information on this, and a request for a recurso de amparo presented on behalf of Mr. Poupín and the other persons named, before the College of Lawyers of Santiago and before the Honorable Court of Appeals of that city, on September 23, 1973, entered in the Court of Appeals with Nº 500 of May 24, 1974, without result. “Certain detained persons who were in the Headquarters of the Tacna Regiment saw all these individuals, but upon recovering their liberty they are not able to serve as witnesses for fear of reprisals.”


          5.       Freddy Marcelo Taberna Gallegos, resident at Calle Pedro Pablo Muñoz 520, La Serena, Santiago. Detained on September 16, 1973, in the city of Pisagua, Iquique. Taken to the Communications Regiment, subsequently transferred to the Iquique Jail and kept incommunicado until the holding of a Council of War in which he was not permitted to have a lawyer to defend his rights but only to have an interview with a lawyer the day before the Council of War was held. The sentence of the Council, confirmed by the Military Advocate, condemned Taberna to 10 years in prison, without appeal, and then on October 30, he was shot.


                   His wife was detained twice: first, on September 13, in trying to see her husband Freddy; after she was placed at liberty on September 17, she was again jailed on the 30th of that month, being taken this time to the “Buen Pastor” [House of Correction for Women], where she was notified on October 30—the very day on which the act occurred—of the shooting of her husband. She was kept in prison two days more, and then was placed under house arrest, being ordered to leave Iquique within a period of 48 hours.


                   6.       Mario Silva Iriarte, lawyer, resident at Las Hualtatas 6159, Antofagasta; General Manager of the firm “Osorio Norte.” He was in Santiago on September 11, 1973, and traveled the same day to Antofagasta, where he rejoined his family composed of his wife and five minor children. When he arrived in that city, he was arrested and then shot “without any legal process and without any defense” on October 19, 1973, at 1:30 in the morning, according to the death certificate.


                   This act was reported to the Military Chief of the Headquarters of Antofagasta, Commander Campos. General Arellano Stark had the final decision.


                   7.       Absalón Wegner Millar, physician-surgeon, was shot on December 13, 1973, “without substantiation of the charges and without legal process.” The place of the act is not mentioned.


          23.          One year having passed, that is, more than double the length of time indicated in Article 51 of the Regulations of the Inter-American Commission on Human Rights, the Government of Chile has not provided any information whatever concerning these acts.


          24.          At its session carried out on October 24, 1973, the Commission considered it to be sufficiently proved “with the documentation that it had in its possession,” combined with the silence of the Government of Chile, that the citizens Michel Selín Nash Sáez, Luis Heriberto Contreras Escamilla, Eugenio Ruiz Tagle Orrego, Arsenio Poupín Olssel, Freddy Marcelo Taberna Gallegos, Mario Silva Iriarte and Absalón Wegner Millar, were executed by military or police authorities, without any trial, or after trials in which the requirements of due process had not been observed.


          25.          In the same resolution, in compliance with Article 57 of the Regulations, the Commission recommended to the Government of Chile that it carry out, with regard to the executions, the pertinent investigations or that it continue those investigations that it may have begun concerning the executions that were the subjects of the denunciations, fixing responsibility on those who may have violated the fundamental human rights of the executed persons and informing the Commission of the results of such investigations.


          26.          The text of the resolution was transmitted to the Government of Chile in a note of December 1, 1975.


          The Chilean Government, in a note of March 3, 1976, made the following observations:


          FREDDY MARCELO TABERNA GALLEGOS, was tried in case 4/74 that was conducted in the 6th Military Juzgado [Criminal Court] for the crime of “treason to the Motherland,” contemplated in Book III, Title II of the Military Code of Justice. In the trial, it was convincingly proved that he was guilty of being the author of a plan that had for its object the assassination of the members of the Armed Forces and the civilians who would prevent the country from being subjected to a totalitarian Marxist regime. The organization that was in charge of carrying out this plan was constituted as a paramilitary group, which had logistical support and a large quantity of arms and high-powered explosives. The trial was carried out in conformity with Title IV, Book II of the Military Code of Justice, which has been in effect since 1925. The guilty person was defended by a prestigious lawyer, Hugo Sotil. Voluminous documentary proof and testimony of witnesses were presented on behalf of the criminal.


                   The Auditor [Judge] of the Council of War was a distinguished magistrate of the Court of Appeals of Antofagasta, and the legal advisor was the judge of the First Criminal Court of Iquique.


                   The sentence imposed was the death sentence, which was carried out by shooting on October 30, 1973.


          MIGUEL SELIN NASH SAEZ, was under detention at Pisagua in conformity with the Law of the State of Siege. He died on September 29, 1973, as a result of gunshots, when he was attempting to escape and did not obey the orders to halt which were given to him three times.


          ARSENIO POUPÍN. The Chilean authorities have conducted repeated investigations without having found any information whatever to confirm the denunciation. Nor is there any indication that this person has been detained in Chile.


          LUIS HERIBERTO CONTRERAS ESCANILLA, was found dead in the public thoroughfare on November 16, 1973. On the same date, an autopsy examination was carried out in the Medical Legal Institute. The circumstances and the authors of his death are unknown. The investigations carried out have not resulted in finding any information that confirms the denunciation.


MARIO SILVA IRIARTE, was tried by the First Criminal Military Court of Antofagasta. Registry Nº 349-73. He was tried for the following crimes:


A) Illicit association.

B) Placing in danger the external security and sovereignty of the State.

C) Misappropriation of public funds.

D) Frauds and illegal extortions.


His participation in these crimes was proved convincingly. In the trial, he confessed his participation as supporter, organizer and principal leader of a paramilitary organization in charge of carrying out acts of sabotage in industries. He gave orders to workers to destroy the gears of wheat-elevating machines, which caused a notable diminution in the production of flour. In his capacity as Manager of the Institute CORFO Norte, a financial institution with autonomous administration, it was proven that he misappropriated funds for political purposes, especially financing for groups of the Socialist Party. He exerted pressure on industries such as ENAMI, MADECO and INACESA, making use of his position, in order that they should contribute funds to the Socialist Party. Arms were seized from him, among them machineguns, the possession of which is prohibited by law. In the trial, which was carried out in conformity with the Code of Military Justice, in effect since 1925, he was condemned to death, which was carried out by shooting on October 19, 1973.


                   As Your Excellency can appreciate, the assertion in the denunciation that he was shot “without legal process and without any defense” is totally lacking in basis.


          EUGENIO RUIZ TAGLE ORREGO, the same as Silva Iriarte, was tried as case 349-73, which was carried out in the First Criminal Military Court of Antofagasta. He was proved to be guilty of the crime of misappropriations of public funds. In his capacity as Manager of the National Cement Industry, he drew funds to acquire armaments for the Socialist Party and the Popular Action Movement. In addition, it was proved that he was responsible for the organization of a terrorist plan prepared for the days September 18 and 19, 1973, that contemplated the following measures:


                   A)  Blocking the southern access to the city of Antofagasta.


B) Cutting off the drinking water supply for the population, by blowing up with explosives the tanks at Salar del Carmen.


C) Organizing student fronts and popular fronts.


D) Dynamiting the railway bridge at “Carrizo.”


                   As a result of his responsibility for these acts having been convincingly proven, the court imposed the death penalty which was carried out by shooting on October 19, 1973.


          27.          The tardy observations presented now by the Government of Chile are not of such a nature as to invalidate the conclusions drawn by the Commission from the silence of that illustrious Government and from the documentation which the Commission has in its possession, except in the case of Freddy Marcelo Taberna Gallegos, in reference to which the Government has provided sufficient information, in the judgment of the Commission, including the name of the attorney who acted in defense of the person executed.


          28.          To end this chapter, we wish to indicate that the Government of Chile informed the Commission of its intention of adopting legal measures to establish the responsibility of those persons who are accused of abuses and excesses of the power imputed to the military and police authorities, who are the subject of denunciations to this Commission or to the Chilean courts, in order that the authors of those crimes may be punished, but up to the present no report has been received concerning the adoption of any such measure.


          Moreover, in the individual cases mentioned in this report, already definitively examined by the Commission, in which it is considered that the violations that are the subject of denunciations have been proved, and with respect to which recommendations have been made to the Government of Chile that it adopt the legal measures to establish responsibility for the acts and punish those responsible, the Government of Chile, up to the present, has not informed the Commission that it has taken any concrete measure to comply with the recommendations.


          Finally, the facts related in this report reinforce the conviction of this Commission, already expressed in previous cases of serious and repeated violations of human rights that have occurred in other American countries, that the lack of, or delay in, investigations of such violations contributes decisively to incite the perpetration of new violations by the subordinate personnel in charge of maintaining public order and the defense of the internal security of the State, even though the carrying out of abuses and excesses may not be authorized by their hierarchical superiors.



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