III.
A.
POSITIONS OF THE PARTIES
Position of the petitioners
5.
The petition states that on September 17, 1973 Mr. Augusto
Alcayaga Aldunate, president of the workers' union of The Company
Elecmetal, left his home to go to work. Mrs. Maria Ordenes Guerra, his
wife, also left the home and upon returning found that it had been
ransacked by members of the national police, the Carabineros. Mrs.
Ordenes went to her husband's workplace to determine his
whereabouts. There she was informed that a group of Carabineros from
the Fourth Precinct of Santiago, headquartered in Chiloé, had appeared
during the morning and had detained her husband and other workers of
the company. Mrs. Ordenes then went to the Fourth Precinct, where she
was informed by personnel on guard that the detainees had been turned
over to the military government and that therefore she should consult
the Ministry of National Defense. At the Ministry of Defense she was told
that they had no information, and she was referred to the Stadium of
Chile and the National Stadium, which were being used as detention
centers. There again, Mrs. Ordenes received no information on the
whereabouts of her husband.
6.
According to the petitioners, some days afterwards, upon visiting
the Santiago Morgue that belongs to the Forensic Medical Institute, Mrs.
Ordenes was informed that the body of her husband was there. Mr.
Alcayaga had been executed on September 18, 1973 and his body had
been dumped on a public road. The petition relates that, subsequent to
these events, Mrs. Ordenes verified that the workers seized by members
of the Fourth Precinct of Carabineros were taken to this police unit and
from there to another precinct located in the Macul district, where they
were executed and their bodies abandoned in the street, where they
were subsequently retrieved and taken to the morgue.
7.
The petitioners maintain that these facts were investigated by the
th
24
Criminal Court of Santiago as Case 108.215-VF, which was
dismissed without having established the responsibility of any person.4
With respect to the criminal investigation, the petition also states that
"at this date, after charges were laid against Augusto Pinochet and
4 The investigation was temporarily suspended pursuant to Article 409 (2) of
the Code of Criminal Procedure for lack of "sufficient evidence to accuse any
person as perpetrator or accomplice or for covering up the crime".
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