September 19 that year, when the authorities informed her that they had released him at a border crossing at
6:00 a.m. They say that to this day his whereabouts are unknown.
85.
They say that in 1978, his wife filed a complaint with the First Court of First Instance for
Criminal Matters in and for Temuco, which was joined with other disappeared persons cases under case 2-79.
They say that the visiting judge declared himself as lacking jurisdiction on account of the apparent
responsibility of Army officials in the disappearances, and transferred the case to the military jurisdiction,
which dismissed it entirely with prejudice in accordance with the Amnesty Law of October 24, 1980.
86.
They say that in April 2000, the Medical College of Chile filed a criminal complaint in relation
to the cases of 19 doctors who disappeared while in detention and were executed for political reasons, which
included José García. They also say that on April 14, 2000, his brother filed a criminal complaint against Augusto
Pinochet and any found to be responsible, which resulted in the judgment of January 31, 2008, that sentenced
Juan de Dios Fritz Vega, Omar Burgos Dejean, and Juan Miguel Bustamante León to eight years' imprisonment
and Hugo Opazo Insunza to 10 years and one day of imprisonment as perpetrators of the crime of aggravated
kidnapping. They also say that they were not granted any alternative benefits.
87.
They say that the ruling was confirmed with a number of amendments in a judgment rendered
by the Santiago Appellate Court on December 26, 2008, which maintained the ancillary penalties imposed at
first instance and, applying the mitigating circumstance of irreproachable past conduct, reduced the prison
sentences to five years and one day.
88.
They say that on December 2, 2009, the Supreme Court, examining cassation appeals, vacated
the second-instant judgment, as it considered that it contained formal errors, and issued a substitute judgment
that reiterated the decision at first instance but applied the partial statute of limitations and granted the
convicted men the benefit of supervised release.
11.
Case of María Arriagada Jerez, Jorge Aillón Lara, and their families
89.
On June 23, 2010, the petitioners expanded the petition lodged on behalf of María Arriagada
Jerez, Jorge Aillón Lara, and their families.
90.
As regards María Arriagada Jerez, the petition says that she was a teacher and member of the
Communist Party and that she was detained by personnel of the Chilean Air Force (hereinafter, "FACH”), who
arrived at her domicile situated at School No. 31 in Chilpaco by helicopter from the Air Force base. They say
that she was detained along with another teacher, whose last name was Durán, in front of her family and
colleagues and taken to Lonquimay, where she was held for three days at the Carabineros post. They say that,
subsequently, she was transferred to the Carabineros Barracks at Curacautín and then to Maquehue Air Force
Base, from where she disappeared.
91.
As for Jorge Aillón Lara, the petitioners say that he was a member of the Communist Party and
first detained by Carabineros from Lonquimay and taken to the barracks, where he remained for three days.
They say that he was then taken to Victoria jail, where he was held until September 27, 1973, when he was
released. According to the petitioners, that day upon arriving at the train station on his way home, he was
detained by military personnel from the Lautaro Regiment, who turned him over to FACH personnel. They say
that he was then taken to the Carabineros station in Curacautín and later to Maquehue Air Force Base in
Temuco, from where he disappeared.
92.
The petitioners say that in response to the events, the families of the two victims immediately
undertook efforts before the authorities to establish their whereabouts, to no avail. They say that the Court of
Curacautín started an investigation, which was provisionally dismissed on October 30, 1979, because it was
considered that there was no evidence to show that the crime had been committed, which decision was upheld
by Temuco Appellate Court on November 22, 1979. They say that the visiting judge from Temuco Appellate
Court later opened an investigation in which a final judgment was rendered on May 30, 2008, which sentenced
Leonardo Reyes Herrera, Luis Alberto Soto Pinto, Heriberto Pereira Rojas, Jorge Eduardo Soto Herrera, Luis
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