Osmán Yañez Silva, Jorge Aliro Valdebenito Isler, and Enrique Alberto Rebolledo Sotelo to eight years'
imprisonment for the crime of aggravated kidnapping of María Arriagada Jerez and Jorge Aillón Lara, without
granting any of the convicted men alternative benefits, on the grounds that they did not meet the requirements
set forth in Law 18.216.
93.
They say that Temuco Appellate Court confirmed that judgment on August 19, 2008. In
addition, they say that on December 23, 2009, the Supreme Court, upon considering the cassation application,
vacated the second-instance judgment sua sponte, finding it to contain formal errors because the adjudicator
did not pronounce in detail on the reasons for denying application of the partial statute of limitations. The
Supreme Court it issued a substitute judgment without re-examining the case in which it applied the mitigating
circumstances of irreproachable past conduct and partial lapse of the statutory time period, calculating the
period of limitations for the crime from the date on which the wrongdoing was committed. Thus, they say that
the perpetrators were sentenced to three years and one day of imprisonment for the crime of aggravated
kidnapping of the alleged victims, with the convicted men granted the benefit of supervised release.
12.
Case of Marcelo Eduardo Salinas Eytel and family
94.
On July 20, 2010, the petitioners expanded the petition lodged on behalf of Marcelo Eduardo
Salinas Eytel and his family.
95.
The petition says that Marcelo Eduardo Salinas Eytel was detained on October 31, 1974, in the
District of Providencia, as he went to pick up his wife, Jacqueline Drouilly, as prearranged. The petitioners say
that she too was detained and disappeared. The petitioners say that security agents arrived at the building
where they were to meet on October 30 and detained his wife. They say the alleged victim, upon noticing people
guarding the house, tried to escape, whereupon the agents started shooting at the vehicle's tires, forcing him
to stop. They say that Marcelo Eduardo Salinas Eytel was detained and taken to the clandestine DINA facility
known as José Domingo Cañas or Ollahue, and later transferred to the Villa Grimaldi barracks, where he was
interrogated and tortured. They say that he and his wife were subsequently taken to the Cuatro Álamos facility.
He has been missing ever since.
96.
The petitioners say that their relatives immediately set in motion efforts with the authorities
of the time and on November 19, 1974 filed an application for relief (amparo) with Santiago Appellate Court,
which turned down the application on March 5, 1975, and referred the case to the Court of First Instance for
Criminal Matters in and for Santiago to investigate any possible wrongdoing. They say that on May 13, 1975,
the preliminary investigation was closed on the grounds that there was nothing in the evidence collected to
support any crime and the case was provisionally dismissed. That ruling was confirmed upon consultation by
Santiago Appellate Court on July 16, 1975.
97.
The petitioners say that in July that year, the alleged victim's mother-in-law filed a complaint
for the kidnapping of her son-in-law and daughter, which was joined with the case initiated for "suspected
mishap” (presunta desgracia) in relation to Jacqueline Drouilly. They say that the complaint was provisionally
dismissed on March 31, 1976, as there was no evidence of criminal wrongdoing. They say that Santiago
Appellate Court approved the dismissal on appeal on June 18, 1976.
98.
The petitioners say that years later, the CNRR requested that the preliminary inquiry be
reopened, with the result that a criminal investigation was initiated. According to the petition in May 2002, the
judge declared himself as lacking jurisdiction in favor of a judge with standing. The case file was joined to the
so-called “Operation Colombo” case. They say that years later the case file was separated and referred to a judge
with standing, as it had bearing on the so-called “Villa Grimaldi" investigation. They say that the PDH was a coplaintiff in the latter proceedings. According to the petitioners, on April 17, 2008, Juan Manuel Contreras was
sentenced to 15 years' imprisonment, and General (r) César Manrique Bravo, Brigadier (r) Pedro Octavio
Espinoza Bravo, Lieutenant Colonel (r) Francisco Maximiliano Ferrer Lima, and Brigadier (r) Miguel Krassnoff
Martchenko to 10 years and one day of imprisonment, as the perpetrators of the crime of aggravated
kidnapping of Marcelo Eduardo Salinas Eytel; a retired gendarmería officer was acquitted. They also say that
they were banned for life from any public office and political rights, and from engaging in any titled profession
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