29
existed was often deduced from the fact that the victims had been involved in
‘conflictive’ behavior, such as strikes, stoppages, occupation of lands or buildings,
street demonstrations, and the like.”34 These killings are part of the climate
prevailing immediately after September 11, 1973, namely the attempt to carry out a
‘cleanup’ operation aimed at those who were regarded as dangerous by reason of
their ideas and activities and to instill fear into their colleagues who eventually might
be a ‘threat’.”35 Notwithstanding the foregoing, during the initial repression stage,
the selection of victims was largely carried out arbitrarily.36
82(7) As regards extra-legal executions –the crime committed in the instant case-,
“as a rule, those killed were already in custody, and the killing took place in isolated
areas and at night. […] Especially in the southern regions [of the country], in which
people already taken into custody were executed in the presence of their families.”37
ii) Execution of Mr. Almonacid-Arellano and commencement of criminal
proceedings on the grounds of that event
82(8) “He [Mr. Almonacid-Arellano, 42 years old] was arrested at his home in the
city of Rancagua by the police on September 16, 1973. As he was leaving his house
to get into the police truck, his captors shot him. Police took him to Rancagua
hospital, where he died the following day.”38
82(9) On October 3, 1973, the First Criminal Court of Rancagua initiated an
investigation under case No. 40.184 for the death of Mr. Almonacid-Arellano,39 which
was dismissed by the Court on November 7, 1973.40 The Appeals Court of Rancagua
34
Cf. Report of the Comisión Nacional de Verdad y Reconciliación (National Truth and Reconciliation
Commission), Volume I, page 114, (record of appendixes to the State’s final written arguments, Appendix
2, folio 2137).
35
Cf. Report of the Comisión Nacional de Verdad y Reconciliación (National Truth and Reconciliation
Commission), Volume I, page 115, (record of appendixes to the State’s final written arguments, Appendix
2, folio 2137).
36
Cf. Report of the Comisión Nacional de Verdad y Reconciliación (National Truth and Reconciliation
Commission), (record of appendixes to the State’s final written arguments, Appendix 2); Report on the
classification of victims of human right violations and political violence of the Corporación Nacional de
Reparación y Reconciliación (National Reparation and Reconciliation Corporation) (record of appendixes to
the State’s final written arguments, Appendix 3); and Report of the Comisión Nacional sobre prisión
política y tortura (National Commission on Political Imprisonment and Torture) (record of appendixes to
the State’s final written arguments, Appendix 4).
37
Cf. Report of the Comisión Nacional de Verdad y Reconciliación (National Truth and Reconciliation
Commission), Volume I, page 117, (record of appendixes to the State’s final written arguments, Appendix
2, folio 2138).
38
Cf. Report of the Comisión Nacional de Verdad y Reconciliación (National Truth and Reconciliation
Commission), Volume III, page 18, (record of appendixes to the State’s final written arguments, Appendix
2, folio 2572).
39
Cf. Order of the First Criminal Court of Rancagua of October 3, 1973, (record of appendixes to
the State’s final written arguments, Appendix 1, folio 1628).
40
Cf. Resolution of the First Criminal Court of Rancagua of November 7, 1973, (record of
appendixes to the State’s final written arguments, Appendix 1, folio 1631).
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