Original article: Tenía 15 años: Estado reconoce a Luis Pino Soto como víctima de la dictadura y su caso avanza como crimen de lesa humanidad

15-Year-Old Luis Pino Soto Recognized as Victim of Dictatorship, Case Advances as Crime Against Humanity

It took four decades for the family of Luis Alberto Pino Soto, a 15-year-old who disappeared in July 1986 in Arica, to have him recognized and included in the official registry of the missing persons established during Augusto Pinochet’s dictatorship. This acknowledgment, formalized last February, marks a significant milestone in a long journey filled with searches, bureaucratic errors, and family suffering, opening a new judicial chapter as the case began investigation as a crime against humanity in late 2024.

The formal recognition took place during a ceremony led by then-Minister of Justice and Human Rights Jaime Gajardo at the presidential delegation in Arica, where the case file and acknowledgment from the National Truth and Reconciliation Commission in 1990, known as the «Rettig Commission,» were presented to Luis Pino’s family. This event represented not only a symbolic gesture but also rectified two mistakes that kept the minor excluded from the official victims’ record for over thirty years.

The path to this restitution began with a ruling from the 19th Civil Court of Santiago, which ordered Pino Soto’s inclusion in the official list of victims. The ruling revealed two key errors in his case: first, he was placed on the list of «unconfirmed cases» instead of being recognized as a victim in the Rettig Commission’s report; and second, there was a transcription error regarding his surname that hindered correct identification for years.

«Acknowledgment of the Error Brings Peace»

Francisco Bustos, the attorney representing the victim’s family and a member of the Caucoto Lawyers’ Office, a law firm specializing in human rights, referred to the significance of this step for the loved ones of the missing youth.

«We will continue to support the family, seeking the truth about Luis Pino Soto’s whereabouts and justice against those responsible for his disappearance. For decades, the State did not acknowledge his disappearance, and many officials never bothered to listen to the family, which only increased their suffering. Therefore, recognizing the error contributes to bringing peace to Luis’ parents and siblings,» he stated.

Bustos also expressed appreciation for the institutions and public policies that facilitated this process once the administrative error was identified, keeping the family hopeful.

«We value the words of the former Minister of Justice and Human Rights, and public policies like the National Search Plan that helped make his inclusion in the official victims’ list from the Rettig Commission effective once the error was detected,» the lawyer added, emphasizing the need for continuity in these policies regardless of changes in government.

«For that reason, we expect the new government to maintain and support efforts related to truth and justice,» he affirmed, as cited in a press release.

Judicial Reactivation and the Rettig Commission’s Error

The definitive momentum for the case came when Luis Pino’s family, contacted by the organization Women, Memory, and Human Rights of Arica, managed to connect with lawyer Francisco Bustos and the Caucoto Lawyers’ Office. This partnership enabled a criminal complaint to be filed against all potential perpetrators, accomplices, or concealers for the crime of aggravated kidnapping, equivalent to enforced disappearance, and for any other offenses determined during the course of the investigation committed to the detriment of the young man.

The judicial action was accepted for processing by the extraordinary visiting judge investigating human rights cases, Sergio Troncoso Espinoza, from the Appeals Court of La Serena, who now has the task of determining the whereabouts and fate of the teenager during the dictatorship.

In the context of this new investigation, the Human Rights Undersecretariat was requested to provide all information regarding the case’s handling by the Rettig Commission. The institution’s response was revealing and confirmed the family’s suspicions: Luis Alberto Pino Soto’s case had indeed been recognized as a qualified victim in session 72 of the Commission, held on December 27, 1990. However, for reasons still unknown, the case did not appear in the final document, incorrectly classified as «unconfirmed,» one of the categories agreed upon by the commissioners for cases lacking sufficient evidence to determine victim status.

This discovery only confirmed what the family had always maintained: that Luis was a victim of dictatorial repression, and his disappearance deserved recognition as such beyond the bureaucratic errors that left him in a legal limbo for years.

A Long Path to Truth: The Story of Luis Pino Soto

Luis Alberto Pino Soto was just 15 years old when he disappeared and was in his third year of high school at Liceo A-1 Octavio Palma Pérez in Arica.

According to data provided by his family and subsequent investigations, Luis’ trail goes cold around 2:00 PM on July 1, 1986, when he left home heading to a friend’s house on the eve of protests against the dictatorship. From that moment, his whereabouts remain completely unknown.

The Pino Soto family’s journey began on that fateful day when the minor went missing. Despite their efforts over the years to notify police and the courts in the northern city, all attempts were fruitless. Worse still, various irregularities surrounding their search have now become part of the judicial investigation, highlighting the difficulties faced by families of the forcibly disappeared during the dictatorship.

The first step taken by the family was to report the minor’s disappearance to the 3rd Police Station in the city, but this task could not be completed due to the short time that had passed since his disappearance.

Finally, on July 3 that year, three days after losing track of him, Luis’ parents went to the Police Investigations office at Cuartel Belén, where they filed a report for presumed distress, officially initiating the search for the young student. However, this operation yielded no results, as was the case in the vast majority of enforced disappearance cases.

Unverified Leads and Family Threats

Over the nearly forty years that followed, the family reportedly received two leads that could have been crucial in locating the minor. One suggested that Luis was seen getting onto a military truck at the corner of Avenida Tucapel. The other indicated that his ID card had surfaced at the third Carabineros police station near Tucapel. However, neither piece of information could ever be substantiated.

At the time of the incidents, his parents also filed a habeas corpus and a protection order in favor of Luis before the Appeals Court of Arica, seeking judicial intervention to locate their child. Despite presenting all required details, the family not only lacked responses but was also intimidated and threatened to stop their investigation.

A Glimmer of Hope and Recurring Errors

On May 27, 1990, there was a glimmer of hope for the family. On that day, the newspaper La Estrella de Arica published an article listing 10 missing persons titled «Human Rights Coordinator Provides List of the Disappeared.» Luis’ name appeared in that list, but his first surname was misspelled: instead of «Pino,” it was published as Víctor «Pinto» Soto, an error that would prove prophetic of what was to come.

This clue urged his parents to approach the Rettig Commission, where they provided all requested information about the minor, hoping that finally, his case would be recognized and his name inscribed in the country’s official memory.

However, when the report from the National Truth and Reconciliation Commission (Rettig Report) was released in February 1991, the disappointment was monumental. The surname was incorrect yet again, and his name was listed as «PINTO SOTO Luis Alberto,» while also being included in the category of «unconfirmed» cases.

This administrative error had devastating consequences for the family, as it prevented Luis’ case from being officially recognized as part of the dictatorship’s victims for over three decades, hindering access to restitution programs and, above all, perpetuating the injustice of keeping the truth about his disappearance hidden.

An election summons reinvigorates the wounds

In 2023, an incredible event reignited the case and mobilized human rights organizations.

The family received a summons and fine from the Local Police Court of Arica for Luis not having shown up to vote in a mandatory election. This absurd situation, considering Luis had been missing for nearly four decades, increased the family’s anguish and led the organization «Women, Memory and Human Rights» from the northern city to present the case to various institutions, including the SEREMI of Justice and Human Rights in 2023. Given the lack of response to their efforts, the family was motivated to initiate judicial actions in 2024, which ultimately led to the official recognition achieved last February.

A Future of Justice and Truth

As of now, the minor remains missing, but the State has officially recognized him as a victim in a formal ceremony, while his family continues a quiet search, hoping to uncover Luis Pino Soto’s final fate.

The judicial investigation, now overseen by Judge Sergio Troncoso Espinoza with the representation of the Caucoto Lawyers’ Office, advances with the classification of a crime against humanity, implying that it does not expire and that those responsible can be pursued regardless of the time elapsed.

The case of Luis Pino Soto, marked by administrative errors, unverified leads, family threats, and the relentless fight for truth, embodies the story of hundreds of forcibly disappeared individuals in Chile. But it also represents the possibility of reparations, albeit delayed, and the hope that someday justice will reach those who committed these crimes.