72.
They say that on September 9, 1986, the families of Abraham Muskatblit Eidelstein and Felipe
Segundo Rivera Gajardo filed applications for relief (amparo), and that the families of the alleged victims filed
various petitions and criminal complaints which were examined under a single investigation and joined under
the case known as “Operation Albania,” which was processed by the Sixth Court of First Instance for Criminal
Matters in and for Santiago and was later heard by a special visiting judge, on instructions from the Supreme
Court. The petitioners say that on December 29, 2006, judgment was returned at first instance and 14 people
were sentenced to terms ranging from 5 to 18 years' imprisonment for the crimes of aggravated homicide. That
ruling was upheld by the Santiago Appellate Court on December 27, 2007. The petitioners say that on August
13, 2009, the Supreme Court, upon examining applications for cassation alleging material errors, vacated the
judgment sua sponte, as it considered that the ruling at first instance had omitted any pronouncement on the
partial statute of limitations requested by the accused, which, the petitioners say, is not true. The petitioners
say that the Court proceeded to issue a substitute judgment in which it applied the mitigating circumstances of
irreproachable past conduct and due obedience, and declared that the statutory time period had partially
lapsed. They say that the Supreme Court lowered the 18-year sentence to 12 years, the 13-year sentences to 7
years, and all the other sentences to 5 years. They say that the Court applied partial statutory limitations to 11
convicted individuals and granted them the benefit of supervised release.
8.
Case of Félix Santiago de la Jara Goyeneche and family
73.
On March 4, 2010, the petitioners expanded the complaint filed on behalf of Félix Santiago de
la Jara Goyeneche and his family. They say that he was a member of MIR and was detained in the city of Santiago
on November 27, 1974, by a group of DINA personnel and taken to the clandestine detention center known as
Venda Sexy or La Discoteque, where he was tortured. They say that between December 18 and 24, 1974, he was
removed by his captors from the detention center and that his whereabouts remain unknown to this day.
74.
The petitioners say that on January 3, 1975, an application for relief (amparo) was filed with
the Santiago Appellate Court, which was rejected on February 13, 1975. The record was then referred to the
Fifth Court of First Instance for Criminal Matters in and for Santiago. They say that the case was provisionally
dismissed in October 1975 on the ground that there was no evidence of the crime. They say that the dismissal
was approved by the Appellate Court. According to the petitioners, on July 3, 1975, a new application for relief
was filed but on July 15, 1975, that too was denied.
75.
They say that on July 24, 1996, the CNRR requested that the preliminary inquiry be reopened
and the investigation began again. After a special visiting judge was appointed to examine the matter, the
petitioners say that on April 2, 2007, judgment was returned at first instance, sentencing Juan Manuel Contreras
to five years and one day of imprisonment as the perpetrator of the crime of aggravated kidnapping, and Raúl
Iturriaga Neumann, Manuel Carevic Cubillos, and Risiere Altez España to three years' imprisonment. The latter
three were reportedly granted a suspended sentence. The petitioners say that the Appellate Court upheld the
judgment on July 31, 2008.
76.
They say that on September 10, 2009, the Supreme Court, upon examining the applications
for cassation, vacated the judgment sua sponte and issued a substitute judgment, applying the benefit of partial
lapse of the statutory period of limitations. Consequently, none of the convicted men was deprived of liberty in
that proceeding; Juan Manuel Contreras was sentenced to five years imprisonment with the benefit of
supervised release while the others, who were sentenced to three years' imprisonment, had their sentences
suspended.
9.
Case of Cecilia Miguelina Bojanic Abad, Flavio Arquímides Oyarzún Soto and their
families
77.
On March 25, 2010, the petitioners expanded the complaint lodged on behalf of Cecilia
Miguelina Bojanic Abad, Flavio Arquímides Oyarzún Soto and their families.
78.
The petitioners say that Cecilia Miguelina Bojanic Abad, who was a member of MIR and four
months pregnant at the time of the events, was detained together with her one-year-old son at her home on
13