representatives of grass-roots organizations that participated in social movements. ‘Political
sympathies were often inferred from the ‘conflictive’ behavior of the victim in strikes, work
stoppages, occupation of lands or properties, street demonstrations, etc.’ The execution of
these individuals ‘took place under the prevailing climate […] of a ‘clean-up operation’ of
those who were regarded as dangerous owing to their ideas and their activities, and to instill
fear into their colleagues who might eventually be a ‘threat.’ Nevertheless, at the initial
phase of repression the selection of victims was largely carried out arbitrarily.” 42
60.
According to the National Commission on Political Imprisonment and Torture, torture
“was a recurrent practice during the military regime. [… T]he method used […] during the
first years was characterized by its brutality and by inflicting evident aftereffects, often
seriously endangering the life of the victims; however, subsequently, there was greater
specialization in the type of physical pressure applied to the detainee.” Regarding the
detainees, “[s]ome of them […] were tried by courts-martial. Others, even though they were
never tried, were kept for different lengths of time in stadiums, detainee camps set up for
this purpose, prisons or army barracks.” The arrests, “especially in the days immediately
following September 11, [1973],” were conducted by means of “raids” that began in the
early morning hours and lasted several hours.” Those involved “were forced to remain lying
face down on the ground, with their hands on their neck [and m]any were beaten. […]
Furthermore, people were arrested in their homes, meeting- or workplaces, and on the
street.” “The individual concerned was obliged, by threats and force […], to get into a
specially-prepared means of transport, which could be a bus, a truck, or a police or army
patrol vehicle; occasionally, refrigerated trucks belonging to State companies and, in some
cases, to private companies, were used.” Regarding conditions in the places of detention,
“[g]enerally, the food was inadequate and the cover insufficient; the threats were constant,
the beatings repeated, and the overcrowding prevented sleeping. The detainees were kept
in ‘solitary confinement’ […].” 43
A.2) SITUATION OF LEOPOLDO GARCÍA LUCERO AND HIS FAMILY
A.2.1) Regarding Mr. García Lucero and his family
61.
Leopoldo García Lucero was born in Chile on September 15, 1933, 44 and his wife,
Elena Otilia García, was born on November 1, 1930. 45 Elena García had two daughters from
a previous marriage, María Elena and Gloria, both with the surname Klug. Following her
marriage to Mr. García Lucero there was a third daughter called Francisca Rocío García
Illanes. Even though Mr. García Lucero is not María Elena and Gloria’s biological father, they
were raised by him and consider him their father. 46.
42
Case of Almonacid Arellano et al. v. Chile, supra, para. 82.6.
43
Report of the National Commission on Political Imprisonment and Torture for the Clarification of the Truth
about the Human Rights Violations in Chile (“Valech Commission”), 2004, Chapter IV (file of annexes to the Merits
Report, tome I, annex 1, fs. 51 to 76).
44
Identity card issued by the Chilean Civil Registry and Identification Service, and Leopoldo García Lucero’s
passport (file of annexes to the pleadings and motions brief, fs. 1553 and 1554).
45
Elena García’s passport (file of annexes to the pleadings and motions brief, tome I, f. 1551).
46
Psychiatric reports on Leopoldo García Lucero and Elena García, prepared by Dr. Nuria Gené-Cos (LMS,
MRCPsych, Consultant Psychiatrist, Trauma Specialist & Section 12 Approved Doctor), December 11, 2007 (file of
annexes to the Merits Report, tome 1, annex 17, fs. 207 to 258).
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