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CHAPTER
II RIGHT
TO LIFE American
Declaration of the Rights and Duties of Man
Article I. Every human being has the right to life, liberty and
the security of his person.
1.
During its visit to Chile from July 22 to August 2, 1974, the
Commission received information from various sources concerning the
number of persons killed during the open confrontations in the first
days and before the cessation of organized resistance to the new
Government. It received, in addition, denunciations that, once the armed
fighting was concluded, some punitive actions took place against members
of the opposition which had ended, in certain cases, in shootings
without trial.
2.
As is obvious, the Commission, in the brief period of observation
in loco in Chile, was not able to obtain the kind of evidence
that is essential for issuing a definitive judgment concerning such
information and denunciations. For this reason, in its first report
concerning the situation of human rights in Chile, the Commission
limited itself to indicating the volume of information and denunciations
on this subject, with the express reservation that this did not imply a
prejudgment (First Report, paragraph 1).
3.
After its observation in loco, the Commission continued to
receive communications in which there were denunciations of presumed
violations of the right to life. Since the denunciations received were
processed and considered after the visit in loco, this permitted
the Commission to establish a logical sequence of facts and to carry out
an evaluation of the changes between the two periods, that is, the
period prior to the visit in July, 1974 and the period after that visit.
For an orderly arrangement of this material, the denunciations have been
classified in three categories: a) homicides imputed to the authorities;
b) persons detained, disappeared and presumed to be dead; and c) illegal
executions. A.
Homicides imputed to the authorities
4.
The Commission received a denunciation that Franklin Antonio
Valdés Valdés, resident at Calle San Francisco Nº 1669, San
Bernardo, Santiago, accountant and administrator of the Hospital
Sanatorium “El Pino”, was detained on September 28, 1973, by a
military patrol of the Infantry School of San Bernardo while engaged in
his work; that on October 4, 1973, the detained person was called for
interrogation at 9:30 a.m. along with other detained persons; that on
the same day at 12:00 o’clock, a military patrol left the body of
Franklin Valdés Valdés at the Legal Medical Institute, reporting that
he had been found dead in the public thoroughfare; that his clothes had
been taken, as well as a watch, trademark Tressa, and 9,000.00 escudos,
and his documents, so that the body was delivered to the said Institute
as unidentified.
The Commission decided to apply to this denunciation the special
procedure of Article 53 (Case Nº 1858).
5.
In a note of July 29, 1974, the text of the denunciation was
transmitted to the Chilean Government and information was requested in
accordance with the regulations. By note of October 29, 1973, the
Minister of Foreign Relations stated that reports had been requested
from the various services concerning the circumstances of the death and
that, as soon as his Ministry received background information and the
results of the requested investigations, these would be transmitted to
the Commission. On January 14, 1975, the Government reiterated the
information that it was making the pertinent investigations in order to
be able to report to the Commission.
6.
In its session of October 24, 1975, considering that more than a
year had passed without provision of the information by the Government
of Chile, the Commission formally decided to consider as proved the
facts of the denunciation, referring to the documentation in its
possession, combined with the silence of the Government. The Commission
declared, in addition, that this involved a very serious case of
violation of the right to life, security and integrity of the person.
The Commission recommended, finally, that the Government continue its
investigations for the purpose of establishing responsibilities in the
case, and it requested that the Commission be informed of the result of
such investigations.
7.
This formal resolution was transmitted to the Government of Chile
by note of December 1, 1975, and the Chilean Government replied on
January 21, 1976, with the following observations:
The Inter-American Commission on Human Rights has adopted this
conclusion on the sole basis of an exposition in a private denunciation,
without the facts having been corroborated by any other evidence. Not
even sworn testimony has been given.
On the other hand, the Chilean authorities have carried out
repeated investigations, without being able to find any background
information that confirms the denunciation.
In the judgment of my Government, the Inter-American Commission
on Human Rights, comprised of men of law and eminent jurists, cannot
consider facts invoked in a private denunciation to be proved when those
facts have not been confirmed by adequate corroboration. To do the
contrary would be unnatural to the functions and purposes of the
Inter-American Commission on Human Rights. 8. It is sufficient to point out that the Government of Chile, by its silence, had given reason for the presumption that the facts in the denunciation were true (Article 51 of the Regulations of the Commission), so the Commission did not need other corroboration.
9.
After the Commission completed its observations in loco in
Chile, new communications concerning homicides imputed to the
authorities have been received:
a)
Luis Gilberto Matamala Venegas. According to the
denunciation, approximately 10 carabineros [national police] of the
Comisaría [police station] of San Joaquín (Nº 12), came to his house
(Población Isabel Riquelme, Pasaje 7a de Línea, Nº 245) on September
18, 1974, entering the house by breaking the door. Inside were the
person affected and his six brothers. Before they asked the names of the
inhabitants of the house, they shot at the head of the minor, Luis
Matamala, 17 years of age. The other minors hid under the beds.
After shooting, they left, leaving the affected person dying. A few
minutes later, the mother, Mrs. Bernarda Venegas Bayo, arrived at the
house; she took her son to the Polyclinic of the Red Cross. When they
arrived there, the minor was already dead. Death was due to three
bullets in the head. From there, the mother went to the Comisaría Nº
12 of San Joaquín. They gave no explanation. There were five
carabineros of the Comisaría Nº 12, and they said only that the action
was the result of a mistake.
b)
Vicente del Carmen Vidal Paredes. According to the
denunciation, on October 6, 1973, at his residence (Población Aníbal
Pinto, Pasaje Nº 4, house Nº 3271, Stop Nº 3, G. Avenida San Miguel,
Santiago), at 1:30 a.m., a patrol, comprised of six uniformed
carabineros, armed with machine-guns, came and broke the window of the
bedroom and, pointing their guns, compelled Vicente del Carmen Vidal
Paredes to get up and accompany them, without presenting any
identification or order of detention. He was taken to the Station of
Carabineros at Tenencia La Sumar. On the same day, at 9:30 a.m., he was
found dead at a place called “Zanjón de la Aguada,” with bullet
holes in his thorax and his cranium. The death was recorded in a Death
Certificate issued by the Circunscripción de Independencia of the
Department of Santiago, dated October 7, 1973, Nº E-2858. On the same
day, the wife was informed that the death had been the result of a
mistake on the part of the carabineros. The authorities who took note of
the facts are: army personnel of the armored regiment Nº 2 of Santiago,
on October 7, 1973, and the Central [Office] of Investigations, on
October 14, 1973.
c)
Jorge Rubén Lamicha Vidal. According to the denunciation,
he was detained at four o’clock in the morning on August 13, 1974, in
his residence at Errazuriz 126, Buin, by four members of the Army, two
carabineros and two persons dressed in civilian clothes. There is no
indication of the reasons for the detention. Two days later, on August
15, 1974, a person came to the house of the detained man offering
funeral services, asserting that the body of the detained person was in
the Santiago Morgue. Members of the family went immediately to the
Morgue and confirmed the death. The official death certificate indicates
that death by bullet wound occurred in the Infantry School. The wife of
the deceased has made the denunciation in her own name and that of her
children, before the Court of Appeals. The deceased was a construction
worker on his own account. He was 48 years old. In the denunciation to
the Court, the wife said “… My husband had retired completely from
all political activities since September 11. He had been detained before
and he stayed in the National Stadium until November 6, 1973, when he
was placed at liberty and given a document issued by the National
Executive Secretariat of Detained Persons signed by Colonel Jorge
Espinoza in which it was stated that there were no charges against
him.”
d)
Luis Segundo Toledo González, according to the
denunciation, was detained on August 2, 1974, at two in the morning. In
his residence, Población Carlos Cortés, Block 27, apartment 44,
Santiago, by two persons from 25 to 30 years of age dressed in civilian
clothes, in the presence of his housemate, Julia González Santana,
without the exhibition of an order. Members of the family tried to
ascertain the place of his detention day after day until August 16,
1974. The person who makes the denunciation states that “on the day to
which reference is made, carabineros of the district found the body in
Calle Carrascal and a member of the family recognized it at the
Medical-Legal Institute…” The death certificate shows the cause of
death to be two bullet wounds. His neighbor, detained in identical
circumstances, was also found dead. The housemate is at present in the
Psychiatric Hospital of Santiago.
e)
Julio Gastón Valenzuela Bastías, according to the
denunciation, was detained in the month of October 1973, in Arica. He
was visited several times at the Regimental Headquarters in Arica. There
is no indication of the reasons for the detention. The person who makes
the denunciation was informed, in the month of December, that the
detained person had been transferred to a place of investigations where
he could not be visited. The person who makes the denunciation states,
“…In the first part of January, they called to deliver the body. The
cause of death, as reported by the Department of Investigations of
Arica, was an automobile accident. Upon receiving the body, it was seen
by a medical doctor who certified that it had two bullets in the back.
The State Railways (where the deceased had been a chief operator)
inquired by radio on two occasions concerning the cause of death and on
both occasions they were told that it occurred as the result of an
automobile accident. There was no indication that the affected person
was at liberty after his detention…”
10.
These denunciations constituted, in the Commission, part of case
Nº 1934, transmitted in conformity with the special procedure
prescribed in Article 53 of the Regulations. Upon requesting information
from the Government of Chile concerning the five preceding cases,
providing the Government with transcriptions of pertinent parts of the
denunciations, the Ministry of Foreign Relations, in note Nº 2774 of
February 18, 1976, replied textually as follows: Luis Alberto Matamala Vanegas, Vicente del Carmen Vidal Paredes,
Jorge Rubén Lamicha Vidal, Luis Segundo Toledo González and Claudio
Labra Saure, died in various confrontations with the police or security
agents when they were taking part in criminal, subversive or sabotage
activities.
Julio Gastón Valenzuela Bastías died in an automobile accident
when the detained person was being transported from Arica to Pisagua. 11. The Chilean Government confirmed the death of the five persons, which occurred in places, on dates and in circumstances that were distinct according to the persons making the denunciations, but the Government asserted that four of the five deaths were the result of confrontations with the “police or security agents” and attributes to the persons “criminal, subversive or sabotage activities” without providing essential details concerning these substantial factual points. With reference to Valenzuela Bastías, the reply of the Government, in addition to confirming his death, recognizes that the person was under detention at the time of the automobile accident that had caused his death.
12.
If the information provided by the Government is authentic, there
should be carried out in each case an investigation and an official
report to confirm the facts, as well as the legality of the use of arms
against the dead persons, in conformity with the provisions of the Code
of Penal Procedure and the Chilean Code of Military Justice. The same
procedure should have been followed in the case of the alleged
automobile accident. Nevertheless, the reply of the Government did not
provide any information concerning formal reports or about authorities
charged with investigations or concerning compliance with legal
formalities.
13.
On September 5, 1975, Fernando Aristia Ruiz, Bishop of the
Catholic Church, President of the Committee of Cooperation for Peace in
Chile, and other representatives of various churches, who were members
of the same organization, requested the Court of Appeals of Santiago, in
conformity with articles 560 and following, of the Organic Code of the
Courts, to “designate a Visiting Minister” to proceed with the
investigation of presumed homicides, which were described as follows:
Death of Pedro Claudio Labra Sauré. In the morning of
February 8, 1975, three automobiles came near the residence of Pedro
Labra Sauré, 23 years old, single, student, Séptima Avenida 1580, San
Miguel. His parents were spending the summer in El Quisco. He was alone.
They knocked on the door. He came down and, just as he opened the door,
they let fire with a burst of bullets a few centimeters from his body.
He fell down wounded, and in this state, after a search of the house had
been carried out, he was taken to the interior of one of the
automobiles, which left rapidly. A sister of the victim, informed by the
neighbors, went to the house. She found spots of blood inside the house,
at the doorway and on the pathway to the street. The hall was covered
with tracks. She found a piece of a pajama button, a bone splinter and
five shell cases. She began to hunt for the wounded person. Berta Labra
entered a recurso de amparo [approximating a writ of habeas
corpus] based upon the presumed detention of the person who had
disappeared. It was only on February 11 that the body was recognized in
the Morgue of the Medical-Legal Institute, where there was no
registration of the entry of the body or of any other indicating what
authority had been responsible for bringing the body there.
Death of Juan Manuel Valdenegro Arancibia. Juan Manuel
Valdenegro, 23 years old, locksmith, married, resident in Población
Juanita Aguirre, passage Camberra 5766, Conchalí, left on a bicycle
from the house of his parents on February 8, 1975, at approximately 1:30
a.m. He went to his residence which was a few blocks away. But he did
not arrive. At 10:30 a.m., two unknown persons came to his residence
indicating that Valdenegro had suffered an accident. One of them said
that the cyclist had assumed a provocative attitude. The bicycle, which
was returned, showed no signs of an accident. The body of Juan
Valdenegro was received at 8 o’clock at the Hospital Post J.J.
Aguirre. The physician on duty diagnosed the cause of death as blows on
the cranium. It was noted in the registers: “Brought from the Buin
Regimental Headquarters, in a jeep under the command of Second Corporal
Julio Ortega Díaz. Physician who received it: Dr. Luis Rivera.
Diagnosed: (traumatismo encefalítico cranial) closed.”
Death of Cedomil Lucas Lausio Olasinovic. On April 9,
1975, there was presented to the Court a request for a recurso de
amparo for the arbitrary arrest of Cedomil Lausio, who was detained
on April 3. His whereabouts were unknown. Also, the woman to whom he was
engaged had been detained on April 4, 1975. Cedomil Lausio continued as
a person who had disappeared, until May 8, on which date his cousin,
Cristina Stipetich, recognized his body in the Medical-Legal Institute.
There is sufficient background information to presume that he died as a
result of blows from the persons who had apprehended him and who held
him in Villa Grimaldi, the detention center of the Dirección de
Inteligencia National (DINA) [National Bureau of Investigation].
Cedomil Lausio was 28 years old. He was single. He lived at Calle Carlos
Cariola 6375, Maipú. He is the son of a well-known family of Punta
Arenas. The autopsy did not indicate the date of death, indicating that
it was in the month of April, without an indication of the day.
Death of Guillermo Hernán Herrera Manríquez. Teacher in
secondary school, married, two children, 28 years old, resident at
General Gana 671. Detained on May 3, 1975, at approximately 2 o’clock
in the afternoon, at the Central Station. Taken the same day by agents
of the DINA, to his own residence. The chief of the group that had
apprehended him told his father, don Ramón Herrera Sepúlveda, that
they had brought his son because he would receive a telephone call from
his political chief. That they had had to “soften him up” a little
to make him collaborate. The detained person was pale. He entered the
house with his hands on his stomach. He was laid down in a room after it
had been searched. Handcuffed to the bed, he remained there under
constant guard. Only his father could speak with him. Thus it became
known that the presumed telephone call had been only a subterfuge of the
detained person so he could be brought home. He remained in the bed
through Saturday night; on Sunday, he shared mealtimes with his family,
but he kept silent. On Monday, May 5, when his father came out of the
bathroom, he heard the noise of a death rattle in the room occupied by
his son. He burst into the room, shoved the guard aside and took the
head of his son between his hands, while the son vomited blood. The son
died while he was holding his head. The agents, under the pretext that
he was alive, wrapped him in blankets and took him away. Don Ramón
Herrera, a functionary of the Army, placed the body in the Medical Legal
Institute where it was identified. It did not show any external lesions.
It has been learned that the indication of the cause of death was acute
anemia caused by a cutting wound in the cervical region, attributed to
suicide.
Death of Daniel Abelardo Fuentes Cáceres. He was the
object of proceedings before the Eighth Juzgado del Crimen
[Criminal Court of First Instance], for check forgery, placed in the
Public Jail of Santiago, from which place he was taken by a military
patrol, under the command of Captain Pedro Durcudoy Montandón. He was
taken to Quillota to be interrogated in a process initiated by the
Military Legal Office, on June 11, 1975. He was killed on the way.
Multiple bullet wounds. The Military Attorney has alleged that he was
killed after stealing a gun from the personnel who were guarding him, so
that the patrol “acting in its own defense” had to shoot him. He was
27 years old, married, resident at Lira 693, Santiago.
Death of Fernando Díaz Muller. Detained in the public
thoroughfare by two uniformed carabineros of the detachment of the
Eighth Comisaría [Station], on June 25, 1975, at 7:30 p.m., near
the intersection of Avenida República with Toesca. He was taken to the
police station and registered as entered for intoxication. At one
o’clock in the morning on June 26, he was transferred to Post 3 (Calle
Chacabuco) by Carabineros. He was entered as “NN”, with minor
wounds, caused by another detained person named Raúl Reyes Chavez,
resident at San Alfonso 4544.
The Comisaría sent an official communication to the Second Juzgado
del Crimen, attesting that the person who had caused the wounds had
been defending himself. On the 27th, Díaz was visited at the
Post by a friend, Belmar García Miranda, an engineer. The visitor was
able to talk with the wounded man, who told him that he had been beaten
by carabineros. He could scarcely breathe; he was in such serious
condition. Taken to the Neuro-Surgery Hospital, he died at 4 o’clock
in the morning on June 28. The body was taken to the Crematorium of the
General Cemetery, but it was not incinerated. The presumed author of the
homicide was placed at liberty on June 30. Fernando Díaz Muller was 46
years old, married, a lawyer, resident at Santa Magdalena Sofía Nº 95,
Las Condes.
Death of
Fernando Dionisio González Fredes.
Mason, 57 years of age, married, nine children, resident at
Sprinhill 3386, Población Nueva La Legua. An old employee of the
industry Tin Maipú, of Maipú, he was highly regarded by his employer.
On July 21, 1975, he was detained by carabineros of the Eighth Comisaría,
after leaving a friend, Juan Fredes Aguilera, in the vicinity of the
Central Station.
The wife of the detained person presented a recurso de amparo
before the Court on July, 1975. Her husband had disappeared after being
arrested. She continued her search for him until August 8, the date on
which his body was identified in the Medical Legal Institute. She had
gone twice to the Medical Legal Institute, but she had been told that
the body had not been entered there. The body had been taken there on
July 21, by carabineros of the Eighth Comisaría. It had been
entered at 11:50 p.m.
It is presumed that he died as a result of multiple concussions
that occurred during his arrest, even though it was indicated that he
had committed suicide by hanging himself; the death certificate
indicates the place of death to be the “calabozo” [jail] of the
Eighth Comisaría.
14.
The mentioned request for the designation of a Visiting Minister,
made to the Court of Appeals, to investigate the facts in these
denunciations, in the exercise of the power of corrective supervision,
was denied. The same attitude on this subject prevailed in the Supreme
Court. The Commission has not been able to obtain the texts of the
respective decisions in order to learn the bases for the decisions.
15.
The cases which are mentioned in the following were sent to the
Commission at the beginning of the sessions in which this report was
prepared. Due to the seriousness of the cases, the Commission agreed to
include them in this document, without any prejudgment concerning the
veracity of the facts in the denunciations, and taking into
consideration, also, the provisions in paragraph 4 of Resolution 190 of
the General Assembly. The Government of Chile, on the other hand, will
have the opportunity to refer to these cases when it makes its
observations on this report.
A summary of the denunciations follows:
a)
Death of Arsenio Leal Pereira:
Personal information:
Identity certificate:
95079 of San Bernardo
Date of birth:
December 18, 1930
Civil status:
Married, four children Residence:
Stop 35, Gran Avenida, San Bernardo Profession:
Transporter; candidate for councilman from San Bernardo
On Monday, September 1, 1975, at 1:20 a.m., the Legal family was
aroused by strong blows on the door of their house. The wife of Arsenio
Leal, Rosa Herminda, was met at the door by two persons in civilian
clothes carrying machine-guns. The shorter of the two had his face
painted black. Without any explanation, they came into the house. Legal
Pereira asked the reasons for this action and they gave no reply. They
required that Leal identify himself, searched the house carefully, and
then said to him, “We want to talk with you; let’s go outside. Hurry
up.” As soon as they were in the street, they forced him into a white
Citroen van. It was then that his wife, who had come out into the
street, realized that this was a police round up. There were no fewer
than eight persons in the group that was carrying out the round-up, and
they had four vehicles: the van already mentioned, a blue Chevrolet CMO
light truck, a white Fiat, and another yellow automobile that could have
been a Fiat 125 or a Peugeot 404. One of the vehicles was equipped with
a radio-transmitter with which it appeared to be communicating with a
central point. On Friday, September 5, one of the men who had taken part
in the detention came to the house of the detained person and identified
himself as an Officer of the Air Force. He stated that Leal Pereira was
well and that he was being detained in a place operated by the Air
Force. On Monday, September 8, at 10:20 p.m., an individual who was
dressed in civilian clothes and who said he was an Officer of the Air
Force Health Service came to see the wife of Leal Pereira, and said that
he had to inform her that her husband had committed suicide. He told her
that she could take the body the next day from the Medical Legal
Institute. The body showed bruises in several places and also around the
eyes. There was a short strip of cloth around the neck of a color
different from the clothing that Leal had been wearing. He had a cut
knee, a cut in his right shoulder about 5 centimeters long, apparently
made by a knife, a one centimeter hole through his right hand which was
very swollen. The hair was gummy with blood, there were bloody spots on
his testicles, his forehead had been beaten and his nose was skinned.
The authorization for burial, inscribed as E 2435 of 1975, dated
September 10, indicates that the death of Legal Pereira occurred on
Saturday, September 6, at an unspecified hour. The cause stated was:
“mechanical asphyxiation by hanging.”
b)
Death of Jaime Olivares Jorguera:
Personal information:
Identity certificate:
6099806-K of Santiago
Date of birth:
December 27, 1949 Civil
status: Married, one son of 1 year
8 months Residence:
Población Chacarilla, Comuna Nuñoa, Santiago Profession
Without profession; educational level, middle secondary
He was a militant socialist before September 11, 1973.
In 1974, Jaime Olivares was detained 15 days; he was not tried
and he recovered his liberty. Subsequently, he was detained 3 days, with
his wife, because of a denunciation by some neighbors, and he was taken
to Viña del Mar. The last time members of his family saw him alive was
July 31, 1975, when he talked with his mother and assured her that he
would go to his house the following day, which was in the same small
street as hers. Olivares did not arrive at his house that day or in the
following days. However, on August 1, at 10 p.m., about 20 civilians
armed with machine-guns came to the house of Olivares Jorguera. They
said that they were functionaries of the Investigation Service [DINA]
and that they were hunting for Olivares. Not finding him, they took his
wife in detention, putting her at liberty a few hours later. On August
4, the parents of Olivares Jorguera went to the headquarters of
Investigations [DINA] to try to find out what had happened to their son.
The functionaries at the headquarters, after questioning the father,
informed him that his son had died in a confrontation with police
functionaries. The parents were told this at 12:15 midnight on August 5,
1975. The parents did not believe the report and the next morning,
August 5, they went to the Medical Legal Institute of Santiago, where
they found the body of your Olivares. The Mother examined the body
minutely, and it presented the following characteristics: there was no
bullet wound; the abdominal region was black and blue, replete with
bruises, as were the temples and the cheeks; the lips were blue and the
neck showed signs of having been beaten with a heavy object, possible
the butt of a gun. The death certificate, issued August 6, indicated
that Saúl Jaime Olivares died on August 1, 1975, at 11:55 p.m., in Zañarta
Nº 1728 (the place of the headquarters of the Investigation Service),
caused by “secondary asphyxiation and suffocation from breathing in
vomit.” On August 6, the Santiago newspaper “La Tercera” reported
that “three extremists, among them a woman, who took part in various
assaults on branch banks, on payroll employees of CHILECTRA and the
Metropolitano, in addition to a holdup against the revenue collectors of
the Ovalle Negrete bus lines, were seized by the civilian police.”
Later, it was reported that “the detained persons were identified as Raúl
Jaime Olivares, José Antonio Hernández Manzano and Ana María
Manzano González, mother of the preceding.” It added that the
first-named of the detained persons was knocked down by the police when
he attempted to resist them, armed with a caliber 38 revolver.
c)
Death of Gustavo Humberto Castro Hurtado
Personal information:
Identity certificate:
1583283 of Santiago
Age:
54 years
Civil status:
Married Domicile:
General Las Heras 10185 Gran Avenida
On September 3, 1975, about 2:30 in the morning, a group of 15
civilians armed with machine-guns, with blankets, some hooded, others
with their faces painted with soot, came to the home of Castro. These
persons said they were from Investigations [DINA]; however, they did not
show an order to search the premises or to detain the victim. On
November 12, his wife, Irma Flores Naranjo, learned from the Court of
his death, since the Court had received a report on November 7, from the
DIFA [Investigation Headquarters of the Air Force], that Castro Hurtado
“was detained by that headquarters and that subsequently he had
committed suicide, facts which were being investigated in proceedings
ordered by the Attorney’s Office of the Air Force.” On September 3,
a recurso de amparo was entered for protection of the victim, in
the Court of Appeals of Santiago, registry number 1070-75. On October 8,
the recurso de amparo was declared out of order “because, in
accordance with information received from the pertinent authorities,
Gustavo Humberto Castro Hurtado was not under detention.” On October
10, an appeal was made to the Supreme Court (registry 19.596). In this
appeal, Irma Flores Naranjo stated that she was a witness to the
detention of the person for whom protection was requested, as were her
two children. On September 9, the appellant informed the Court that it
had been learned that the personnel who carried out the detention
belonged to the Air Force, for which reason she requested that the
Attorney’s Office of the Air Force be requested to provide information
concerning the detention of her husband. After this had been under
official consideration for a month, the Court of Appeals rejected the
request for protection, in view of reports from the authorities
indicating that the person for whom protection was requested was not
under detention. On October 23, again requesting that a report be sought
from the Intelligence Headquarters of the Air Force, she stated: “I
have gone to Tres Alamos with the hope of finding him there, but instead
of hope, I found more anguish there. There, other persons detained by
the DIFA told me that they had been my husband in a place of the Chilean
Air Force (FACH)—they did not know where, because they had been taken
there blindfolded—and that he was in bad health. This was due to the
blows he had received and which he could not stand at his age. On
November 7, the Intelligence Headquarters of the Air Force reported to
this Court that HE WAS DETAINED BY THIS HEADQUARTERS AND THAT HE HAD
THEN COMMITTED SUICIDE, FACTS WHICH WERE BEING INVESTIGATED IN
PROCEEDINGS ORDERED BY THE ATTORNEY OF THE AIR FORCE. In this report, so
brief, so tragic for our family, not even the date of death was
mentioned, nor the date on which he was detained, nor by order of what
competent authority and with what authority to order such a measure,
and, even more, there was not even an indication of the whereabouts of
the body of the person for whom protection had been requested, nor what
proceedings had been ordered by the Attorney of the Air Force.”
d)
Death of Enriqueta Reyes Valerio. On Saturday, November 1,
1975, at about 10:30 p.m., Father Guillermo Halliden Howard, of Irish
nationality, Regional Superior of the Congregation of San Columbano,
foreigner’s identity document Nº 5.639.307-2 of Santiago, arrived at
his residence at Larraín Gandarillas, Santiago. His residence is the
seat of the Congregation of Santiago.
A half hour later, there came to his residence Dra. Sheila
Cassidy, who lives near the intersection of Bilbao and Larraín
Gandarillas, Santiago, for the purpose of visiting Sister Constancia
Kelly, who was ill. A little later, Father Guillermo went to his office
on the second floor, where the room of the ill person was also.
Suddenly, he heard in the silence of the night a burst of machinegun
fire and a horrible, prolonged scream. He thought that the house was
being attacked by robbers. He went down to the ground floor and upon
entering the living room, he saw on the floor his housekeeper, ENRIQUETA
REYES VALERIO, 30 years old, separated from her husband, with 4
children, who gave her services to the Congregation. Around her there
was much blood. The priest called the radio patrol, reporting the brutal
incident. Then, a new burst of machinegun fire came from the front
garden on Calle Larraín Gandarillas. They heard more bursts of
machinegun fire. The priest went to the back of the house to a small
interior patio, which is next to the house of Sr. Alberto Balart.
Surprisingly, he found 3 civilians armed with machineguns who were
trying to jump over the dividing wall.
Later, the civilians went up the stairway to the second floor and
proceeded to search the rooms. They found the ill nun who was on her
knees praying. They struck her with a kick and made her go downstairs
with her hands in the air, at gunpoint.
The chief of the group called the ambulance to take the body of
Sra. Enriqueta, who, according to Dra. Cassidy, still had a pulse.
Subsequently, on going back to the living room, the priest saw three
uniformed carabineros. Two were officers. He was very glad because he
thought they were the ones he had called by telephone. The arrestors
took away Dra. Cassidy and his employee after cutting the telephone line
and the internal bell. A little before they went away, the ambulance had
come to take the dying person. After the arrival of another priest,
Father José Joyce, a patrol of carabineros came in response to the
telephone request. The priest told the leader all details of the
incident, and he showed them the marks of blood scattered on the floor
and the empty shell cases of the projectiles that were scattered about
the street. The officer insisted persistently that this action was not
by the Carabineros and he took some of the empty shells with him,
stating that they were not of the Carabineros.
The official report, given by the Information Headquarters of the
Government in a public statement on November 4, stated that, in the
“residence of the Columbano Fathers, Sheila Cassidy took refuge along
with another unidentified individual when she learned that she was going
to be detained.” “Upon arriving at the said place, personnel of the
National Security Service were received by shots from pistols and AKA
rifles, presumably by the doctora and her companion, gunfire which was
returned by the functionaries.”
“Immediately after the shooting, the doctora was able to slip
away and hide in a closet of the house, covering herself with clothing
until she was discovered. Her companion was able to get away.”
“As a result of this confrontation, one of the men in the
Service was wounded in the arm with a projectile from a caliber 765
pistol.”
“Likewise, the employee of the house was shot by a projectile
from an AKA rifle, fired by the companion of doctora Cassidy, from the
interior of the residence, when the victim was in the line of fire.
Moments later, she died at the Central Post of the Public First Aid.”
“In the interior of the residence, there were found three empty
shells of an AKA rifle and three from a caliber 765 pistol. Upon
searching the residence of the Columbano Fathers, there were found in it
only one nun, ill and in bed, and one priest of advanced age who
remained on the second floor, in addition to the implicated persons and
the victim of the confrontation.” e)
Death of Humberto Juan Carlos Menanteaux Aceituno and José
Hernán Carrasco Vásquez
These persons were detained in December 1974, and for many months
they were incommunicado in “Cuatro Alamos” and “Villa Grimaldi.”
The second fortnight of February, 1975, under detention in DINA
[National Intelligence Headquarters], these persons made a public
declaration by television to the entire country, along with Cristián
Mallol Comandari and Hernán González Osorio (who were likewise under
detention by DINA) in which “they called on the MIR to lay down its
arms and end what they called a sterile and suicidal road of clandestine
military opposition to the government of the Military Junta.” In that
occasion, they summarized the losses of personnel by the MIR since
September 11, 1973. A few days later, they gave a press conference which
was transmitted to the entire country by National Television.
Toward the end of September, 1975, three of them were placed at
liberty, by decree 1482 of September 3 of that year. There remained
under detention only Mallol, who is at present in “Tres Alamos.”
González Osorio was permitted to travel to Spain.
On November 19, Humberto Menanteaux was detained in his house in
Maipú. The following day, José Hernán Carrasco was detained in the
house of some friends on Avenida Egaña. Both detentions were carried
out by members of the DINA, as was mentioned by the detained persons to
other persons who were in the same places of detention. In the first
case, members of the family of Menanteaux recognized agents of the DINA
among the captors.
There was no news of them until one of the wives received a
telephone call on November 25 which was attributed to the MIR. They
said: “Of the 4 traitors, only 2 remain. The MIR.” The wives of the
affected persons came to the Committee and signed a request for a recurso
de amparo for their husbands, requesting protection for them. The
said recurso was declared out of order and at present is in the
Supreme Court. “On November 25, the said wives received a declaration
from the DINA which, as in other occasions, was written with
identification as though coming from the MIR, in which it was announced
that justice had been administered to their husbands.”
In the Medical Legal Institute, according to the declaration of
the relatives of the dead persons, at the time of claiming the bodies,
that of Menanteaux lacked an arm and the teeth. That of Carrasco was
half-devoured by animals and birds of the field. The funerals took place
on December 12.
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