October 2, 1974, by DINA agents and taken to the home of her sister, where her husband, Flavio Arquímides Oyarzún Soto, was. They say that the two were taken without a detention order to the clandestine detention center known as Ollahue or José Domingo Cañas, and then to the Cuatro Álamos center. To this day their whereabouts are unknown. 79. The petitioners say that on October 14, 1974, an application for relief (amparo) was filed on behalf of the alleged victims with the Santiago Appellate Court, which was rejected on November 21 that year. They say that another application for relief was filed on behalf of the married couple on August 21, 1975, but it was denied on September 1, 1975. On July 10, 1975, their families filed a complaint for "suspected mishap” (presunta desgracia) with the Fourth Court of First Instance for Criminal Matters in and for San Miguel, which was provisionally dismissed on April 30, 1976. The petitioners say that the Appellate Court rejected the dismissal and ordered the proceedings to revert to the preliminary investigation stage. They say that on September 2, 1977, the case was again dismissed, with the Court approving that dismissal. Thus, they say that on July 11, 1996, the CNRR requested that the preliminary inquiry be reopened and the investigation began again. They say that, subsequently, the son of the alleged victims, represented by the head of the PDH, filed a criminal complaint for kidnapping and other crimes committed against his parents, which was joined to the proceeding in progress. They say that in addition, on August 29, 2001, the Under-Secretary of the Interior, as the top-ranking official in the PDH, became a co-plaintiff in the case. 80. The petitioners say that in 2001, the magistrate of the Fourth Court of First Instance for Criminal Matters in and for San Miguel was assigned exclusively to cases involving human rights violations in her jurisdiction, which included this proceeding. They say that later, due to lack of jurisdiction, the matter was transferred to the Eighth Court of First Instance for Criminal Matters in and for Santiago, which devoted itself exclusively to this case, and that on May 6, 2005, the Supreme Court ruled that this and other investigations should be assigned to a judge with standing serving as a special visiting judge. On December 18, 2006, they say that a judgment was returned at first instance that sentenced five military personnel to prison terms ranging from 10 to 4 years as perpetrators of the crime of aggravated kidnapping; one gendarmería officer to three years' imprisonment as an accessory; and one civilian to 10 years' imprisonment as a perpetrator. They say that that ruling granted no alternative benefits to the convicted men. 81. The petitioners say that, at second instance, the Santiago Appellate Court upheld the judgment on March 12, 2009, with the exception of the decision with regard to the convicted civilian, owing to the fact that he was deceased. Therefore, the Appellate Court did not pronounce on his appeal and confirmed his acquittal for the same reason. 82. They say that, finally, on September 29, 2009, the Supreme Court, upon examining applications for cassation, vacated the judgment sua sponte, as it considered that it contained formal errors and, without reexamining the case, issued a substitute judgment, confirming the sentences of the perpetrators to terms of between 10 and 4 years' imprisonment and applying to the convicted men the mitigating circumstance of irreproachable past conduct and the partial statute of limitations. They say that in that judgment only one of the six convicted men did not benefit from the application of the partial statute of limitations. The military personnel were granted the benefit of supervised release, while the gendarme was given a suspended sentence. 10. Case of José Felix García Franco and family 83. On June 1, 2010, the petitioners expanded the petition lodged on behalf of José Felix García Franco—an Ecuadorian citizen—and his family. 84. The petitioners say that the alleged victim, who was a medical student at the time of the events, went voluntarily to the Carabineros unit in Temuco on September 13, 1973, obeying a call put out by the authorities to all foreign nationals, as well as in response to a verbal summons and the fact that his home had been raided by Carabineros. They say that he was held at the Coilaco unit before being transferred to the Second Carabineros Station in Temuco. They say that his wife took him clothes and food there every day until 14