Criminal Matters of Los Angeles. They say that on June 16, 2004, Oscar Humberto Medina, a Sargent (first class) in the Carabineros at the time of the events, was put on trial. On October 30, 2006, he was sentenced to 10 years and one day of imprisonment for the crime of aggravated kidnapping. That judgment was confirmed by the Concepción Appellate Court on April 10, 2008. 58. The petitioners say that the convicted man's defense filed an application for cassation. According to the petitioners, on December 11, 2008, the Supreme Court vacated the ruling at second instance on the grounds that it considered that it contained material errors by failing to pronounce in detail on the benefits of the partial statute of limitations, and it rendered a substitute judgment, sentencing the accused to four years' imprisonment and granting the benefit envisaged at Article 103 of the Criminal Code, by virtue of which he was granted supervised release. 5. Case of Eugenio Iván Montti Cordero, Carmen Margarita Díaz Darricarrere and their families 59. On June 24, 2009, the Commission received a petition lodged on behalf of Eugenio Iván Montti Cordero, Carmen Margarita Díaz Darricarrere, and their families. The petition states that the alleged victims, both members of the Revolutionary Left-Wing Movement (Movimiento de Izquierda Revolucionaria) (hereinafter, "MIR") were detained in Santiago on February 13, 1975, along with three other members of the MIR by personnel of the National Intelligence Directorate (hereinafter, “DINA") and taken to Villa Grimaldi, a clandestine DINA detention center. The petitioners say that Eugenio Iván Montti Cordero was detained together with his five-year-old son and that the child was later taken to a Carabineros children’s home, where he remained until March 1975, when he was found by chance by an aunt, following an intense search. The petitioners say that the whereabouts of the alleged victims is unknown. 60. According to the petitioners, relatives of Eugenio Montti filed an application for relief (amparo) on behalf of the alleged victim and his son on March 7, 1975. They say that government agencies denied the detention, that the application was rejected on April 2, 1975, and that the record of the proceeding was referred to the 11th Court of First Instance for Criminal Matters in and for Santiago. They say that on April 8, 1975, that court opened case No. 1938, eventually concluding that the steps taken to locate Eugenio Montti had been unsuccessful and that presumably he had fled the country. In relation to the child, they say that the Investigations Police of Chile was ordered to conduct an inquiry and that the social worker in charge of the children’s home allegedly denied that the child had been admitted to the home where he was found. 61. They say that in March 1976, a woman prisoner was reportedly turned over to the court and gave a statement about what happened to Eugenio Iván Montti; however, the judge provisionally dismissed the case. They say that the Court overturned the dismissal and returned the proceedings to the preliminary investigation stage. The judge declared that he lacked jurisdiction on July 30, 1978, and referred the record to the military jurisdiction. In 1982, the Court-Martial ordered the case to be dismissed because it had not been shown that the crime had been committed. 62. The petitioners say that in the case of Carmen Diaz, a complaint was lodged for the crime of kidnapping on July 20, 1979, with a visiting judge (ministro en visita), who was presiding over cases of disappeared detainees in Santiago. They say that the judge declared himself as lacking jurisdiction and referred the record to the Sixth Court of First Instance for Criminal Matters in and for Santiago, which opened case 193.360. They say that the case was closed in 1985 because there was nothing in the record to show that any crime had been committed, which decision was upheld by the Appellate Court. 63. They say that on January 2, 1998, a criminal complaint (Case No. 2182-98) was opened based on a complaint filed against Augusto Pinochet Ugarte for the aggravated kidnapping of several persons, among them the two alleged victims, as well as for the abduction of the child of Eugenio Iván Montti. On July 12, 1974, a separate case file was opened for the disappearance of the alleged victims. They say that on December 4, 2006, the following were convicted of the crimes of aggravated kidnapping: Juan Manuel Contreras Sepúlveda, a retired army general and director of the DINA at the time of the events, sentenced to 15 years' imprisonment; Marcelo Moren Brito, sentenced to 10 years' imprisonment; Osvaldo Romo Mena, sentenced to five years' 11