Supreme Court Convicts Former Joint Command Agents for the Disappearance of Communist Leader in 1976

Original article: Corte Suprema condena a exagentes del Comando Conjunto por desaparición de dirigente comunista en 1976

The Court upheld the convictions for qualified kidnapping, classified as a crime against humanity, against four former agents involved in the arrest and subsequent disappearance of university student and communist leader José Edilio Flores Garrido, who remains missing to this day.

In a definitive and unappealable ruling, the Second Chamber of the Supreme Court issued a ruling in the case of the enforced disappearance of José Edilio Flores Garrido, a student and leader of the Communist Party (PC), which occurred starting August 11, 1976, in the commune of Pedro Aguirre Cerda.

The court, composed of ministers María Teresa Letelier, María Cristina Gajardo, Dobra Lusic (substitute), and lawyers Eduardo Gandulfo and Raúl Fuentes, fully confirmed the initial ruling previously delivered by Minister Marianela Cifuentes.

Sentences for the Former Agents

In its ruling, the Court maintained the convictions for qualified kidnapping, classified as a crime against humanity, against four former agents of the so-called Joint Command, a repressive structure of the civic-military dictatorship, who participated in the arrest and subsequent disappearance of Flores Garrido, who remains missing.

The sentences are as follows:

– Juan Francisco Saavedra Loyola, retired colonel of the Air Force, was sentenced to 10 years in prison at the minimum degree. However, due to his age and advanced condition, the court ordered that he serve his sentence under total house arrest.

– Daniel Guimpert Corvalán, retired captain of the Navy, and Manuel Muñoz Gamboa, retired colonel of Carabineros, were sentenced to 8 years in prison at the minimum degree.

– Alejandro Sáez Mardones, retired second sergeant of Carabineros, received a sentence of 6 years in prison.

The last three will serve effective jail sentences. All were declared authors of the crime of qualified kidnapping, classified by the sentence as a crime against humanity.

Appeals Rejected

The Supreme Court rejected the appeals filed by the defendants’ lawyers against the second-instance ruling issued by the Court of Appeals of San Miguel.

However, it annulled the classification of the crime of conspiracy for which the former agents had also been convicted. The Supreme Court argued, in this specific part, «the lack of reasons in the contested ruling.»

Justice Arrives After 50 Years

Francisco Ugás Tapia, the complainant and Legal Chief of the Caucoto Abogados Firm, praised the ruling overall but expressed concerns about the removal of the conspiracy charge.

«This year marks the 50th anniversary of the forced disappearance of José Edilio Flores Garrido. He and his surviving family can finally count on a definitive judicial response as expressed in this ruling from the Supreme Court, which establishes the facts he suffered, qualifying them as constituting the crime of qualified kidnapping as a crime against humanity, while condemning the agents who participated in these acts and who are still alive to the penalties stated in the ruling,» Ugás stated.

«We positively value that the passage of time was not a factual or legal obstacle to prosecute and sanction this crime. I believe this demonstrates our Judiciary’s commitment and, therefore, the State’s adherence to its international legal obligations in this regard. However, we regret the dismissal of the conspiracy charge related to this qualified kidnapping, and the consequent penalty for such a crime; we believe that all legal requirements were met to understand that this crime did exist, as stated by the Court of Appeals of San Miguel,» the lawyer commented in a press release.

Critiques from the Family: «Concealed Impunity»

Roberto Flores Garrido, the victim’s brother, shared mixed emotions. He expressed gratitude for the support in the quest for justice over five decades but voiced disappointment regarding specific aspects of the ruling, as one of the convicted individuals will not serve time in prison.

«We regret that the recent ruling from the Supreme Court once again represents a form of concealed impunity. The ruling—that allows one of the culprits to serve his sentence at home and dismisses the existence of conspiracy—does not correspond to the severity of the crime against humanity committed against my brother,» he stated.

«According to judicial records, agents from the Joint Command followed José Edilio to his home and kidnapped him using several vehicles, with his whereabouts still unknown today. This resolution denies us the truth: how he died, who killed him, and where his remains are located,» he asserted.

Additionally, he mentioned that the family reaffirms their commitment «to the memory, truth, and justice for José Edilio Flores Garrido and for all victims of state repression.»

«Dignity does not expire,» he emphasized.

Disappearance of Communist Leader and Facts Established by Justice

According to the investigation, it was established that:

1) On the date of the events, August 11, 1976, a group of individuals comprising personnel from the Air Force, Navy, Carabineros, and civilians formed a hierarchically organized group de facto, called the Joint Command, with the aim of investigating and repressing the Communist Party of Chile and the Communist Youth.

2) During this period, this organization was led by Air Brigade General Freddy Enríquez Ruiz Bunger, director of the Air Force Intelligence Directorate (DIFA); Group Commander (A) Antonio Benedicto Quiroz Reyes, head of the Counterintelligence Department of the DIFA, and Squadron Commander (A) Juan Francisco Saavedra Loyola, chief officer of the Armed Forces Intelligence Directorate, comprising First Lieutenant IM Daniel Luis Enrique Guimpert Corvalán, head of the Counterintelligence Department of the Navy Intelligence Service (SIN); Carabineros Lieutenant Manuel Agustín Muñoz Gamboa, from the Counterintelligence Department of the Carabineros Intelligence Directorate (DICAR); Carabineros officer Alejandro Segundo Sáez Mardones, and civilians César Palma Ramirez and Miguel Arturo Estay Reyno, among others.

3) The organization had an institutional building located at Juan Antonio Ríos N°6 in Santiago and detention centers, including the facility named «La Firma,» located at Dieciocho N°229 in the same commune.

4) On August 11, 1976, in the afternoon, agents of the aforementioned organization, traveling in a light blue Peugeot 404 and a cream-colored Renault, apprehended José Edilio Flores Garrido, a member of the Communist Party, at the intersection of Club Hípico Avenue and Lago Pirihueico Street without any legal justification.

5) Subsequently, the victim was taken to the clandestine detention center located on Dieciocho Street in Santiago, known as «La Firma,» which was managed by Navy Lieutenant Daniel Guimpert Corvalán and Carabineros Lieutenant Manuel Muñoz Gamboa, among others, with civil functions performed by César Luis Palma Ramirez, former Communist member Miguel Estay Reyno, and Alejandro Sáez Mardones, among others.

6) To date, the whereabouts of José Edilio Flores Garrido remain unknown.

The Supreme Court ruling concludes the judicial process, establishing criminal responsibilities nearly 50 years after the search for truth and justice in one of the thousands of human rights violations that occurred during the dictatorship.