imprisonment; Rolf Wenderoth Pozo, sentenced to 10 years' imprisonment; Miguel Krassnoff Martchenko,
sentenced to five years' imprisonment; and Basclay Zapata Reyes, sentenced to five years' imprisonment.
64.
They say that on January 21, 2008, the Appellate Court upheld the judgment on appeal, but
closed proceedings with respect to Osvaldo Romo Mena, on account that he was deceased.
65.
The petitioners say that on December 24, 2008, the Supreme Court, upon examining the
cassation applications filed by the convicted men's defense, vacated the judgment sua sponte. They say that in
the substitute judgment the Supreme Court applied partial statutory limitations and sentenced Juan Manuel
Contreras to seven years' imprisonment, Marcelo Moren Brito to four years' imprisonment (with the benefit of
supervised release), Rolf Wenderoth Pozo to four years' imprisonment (with the benefit of supervised release),
Miguel Krassnoff Martchenko to 540 days' imprisonment (with the benefit of a suspended sentence), and
Basclay Zapata Reyes to 540 days' imprisonment (with the benefit of a suspended sentence).
6.
Case of Luciano Aedo Hidalgo and family
66.
On January 20, 2010, the petitioners expanded the petition lodged on behalf of Luciano Aedo
Hidalgo. They say that early in the morning of October 11, 1973, he was abducted from his home in District of
Cunco by a patrol from Cunco police station. They say that to this day his whereabouts are unknown.
67.
They say that on April 10, 1979, his spouse filed a complaint for "suspected mishap” (presunta
desgracia) with the Third Court of First Instance for Criminal Matters of Temuco, which declared itself is as
lacking jurisdiction on October 25, 1979, and referred the record to the IV Military Court of Valdivia, reportedly
on the basis that everyone whose disappearance was investigated was detained at different places and times
by Carabineros, the Army, or the Air Force. The petitioners say that in October 1980, the military court judge
dismissed the entire proceeding with prejudice, in accordance with the Amnesty Law of 1978.
68.
They say that subsequently, case 113.115 was opened to which the case of Luciano Aedo
Hidalgo was joined. On June 30, 2008, the First Court of First Instance for Criminal Matters of Temuco
reportedly sentenced Gamaliel Soto Segura to seven years' imprisonment for the crime of aggravated
kidnapping. The petitioners say that on September 22, 2008, the Temuco Appellate Court upheld the judgment.
69.
They say that the defense filed an application for cassation and that on July 23, 2009, the
Supreme Court vacated the judgment sua sponte and issued a substitute ruling in which it applied the partial
statute of limitations, reduced the sentence to three years, and granted a suspended sentence.
7.
Case of Felipe Segundo Rivera Gajardo, Gastón Fernando Vidaurrázaga Manríquez,
José Humberto Carrasco Tapia, Abraham Muskatblit Eidelstein and their families
70.
On February 12, 2010, the petitioners expanded the petition lodged on behalf of Felipe
Segundo Rivera Gajardo, Gastón Fernando Vidaurrázaga Manríquez, José Humberto Carrasco Tapia, Abraham
Muskatblit Eidelstein, and their families. They say that Messrs. Rivera and Muskatblit were members of the
Communist Party and that Messrs. Vidaurrázaga and Carrasco were members of MIR.
71.
The petitioners say that the alleged victims were abducted from their respective homes on
September 8 and 9, 1986, then murdered. There corpses were found hours later at different points on the
outskirts of Santiago. They say that the detention and murder of the alleged victims occurred as a reprisal for
the attempt on the life of Augusto Pinochet on September 7, 1986, given that, following that incident, a plan
was hatched to eliminate individuals chosen at random by the National Intelligence Center (Central Nacional
de Informaciones – CNI). 17
17 The petitioners say that agency was created by Decree Law No. 1.878 of 1997 as the successor to the DINA, with an organized
command structure, independent means, and clandestine detention facilities.
12