Original article: Tribunal confirma torturas y lanzamientos al mar durante la dictadura y fija $205 millones en indemnizaciones a la víctima y su familia
The Twenty-Second Civil Court of Santiago has ordered the government to pay a total compensation of $205,000,000 to L.C.R.C. and his family, after confirming that he was a victim of torture and was thrown into the sea in the Strait of Magellan during the military dictatorship of Augusto Pinochet.
In the ruling, Judge Lorena Cajas Villarroel dismissed several objections related to active legitimacy, transitional justice limitations, integral damage reparations, and statute of limitations, establishing that L.C.R.C. and his family were victims of a crime against humanity.
The compensation details ordered by the court are as follows: L.C.R.C., as the direct victim, will receive $70,000,000; C.M.M.M. (spouse) will receive $45,000,000; while their daughters P.C.R. M. and J.A.R.M. and son J.A.R.M. will each be compensated with $30,000,000.
The judicial decision stated that «the amounts referred to in the preceding consideration will be adjusted according to changes in the consumer price index, from the date on which this ruling becomes final until the effective payment of the compensation.» Additionally, the amount will be increased with current interest applied from the date the defendant incurs in default.
Torture and Sea Throwings
According to the ruling, J.C.R.C. was only 22 years old when his life changed forever. In October 1973, he worked in the printing department of the Ministry of Education and was attending evening classes to complete his high school education. He was a member of the Communist Party and lived with his parents and siblings.
However, on October 20, 1973, while heading to work in Punta Arenas, he was intercepted by agents of the Chilean Air Force «who arrested him without any judicial order or explanation, transferring him to the Bahía Catalina Air Base.» There began a torment that would last until November 15, 1973.
The recorded account details that he «was subjected to extreme cruelty and illegal coercion, consisting of daily, systematic, and degrading torture.» One of the most traumatic methods involved being «repeatedly taken from his cell during the early hours of the morning and thrown into the sea in the Strait of Magellan as a form of intimidation.»
Simulated Execution
During his confinement, J.C.R.C. was incessantly interrogated «about weapons he supposedly hidden, unknown persons, and a so-called ‘PLAN Z’, of which he had no knowledge.»
Failing to provide the expected answers, he endured severe acts of torture including: electric shocks to his chest, genitals, anus, and feet; as well as repeated beatings to the stomach and blows to various parts of his body.
However, «one of the most traumatic episodes was when he was faced with a firing squad within the military facility, a situation that led him to believe he was going to die.»
The ruling described that «the electric shocks would leave him incapacitated, immobilized, and without strength, collapsed on the floor without the ability to react.»
Moreover, it noted that «he was subjected to constant violence, treated as a source of ridicule by the officials, and was thrown into the sea at least five times.»
The ruling indicated that L.C.R.C. was released on November 15, 1973, «on the condition of reporting weekly to a police station for a year, despite no judicial cause against him, thereby reaffirming the absolute arbitrariness of the procedure.»
Lifetime Consequences
The physical and psychological scars from these 26 days of torture have haunted the victim throughout his life. The court recognized that due to the beatings, «he was diagnosed with a hernia in the spine that cannot be surgically corrected due to the high risk involved.»
Additionally, «in 1974 he began experiencing severe cardiac issues, demonstrated by recurrent heart attacks resulting from electric shocks endured to the chest during detention.» Throughout his life, he has suffered seven heart attacks, leading to the need for surgical intervention in January 2023 for a pacemaker installation.
The psychological aftermath has been equally devastating. The ruling describes that he developed «recurring nightmares, would wake up startled, and get up multiple times at night to check the locks, developing a pattern of hyper-vigilance.» Even after his release, «he was followed by Carabineros, exacerbating his feelings of insecurity.»
The sentence also acknowledges that «due to the accumulated trauma, he turned to alcohol as a form of emotional escape, to avoid confronting his reality and alleviating his physical and psychological pain.» His detention experience «radically transformed his personality, making him emotionally distant, cold, and devoid of affection even towards his closest loved ones.»
«No Monetary Compensation Can Erase the Suffering»
In her ruling, Judge Cajas Villarroel reflected on the meaning of these reparations: «this court is fully aware that no monetary compensation can erase the unspeakable suffering that the plaintiffs have had to endure as a result of the severe human rights violations perpetrated by state agents during the military dictatorship.»
She added that «in those grim days, those who were supposed to protect life and dignity became the instruments of vulnerability, using state power not to safeguard but to violate.»
The court dismissed the objections of lack of active legitimacy, impropriety due to transitional justice limitations, integral damage reparations, and statute of limitations, establishing that L.C.R.C. and his family were victims of a crime against humanity.
It is noteworthy that J.C.R.C. has been recognized as a victim of political imprisonment and torture by the Presidential Advisory Commission created through Supreme Decree No. 43 (known as the Valech I Commission).
The ruling emphasized the uniqueness of each case of human rights violation: «each experience carries special characteristics, which is why the sum awarded for moral damage aims to reflect that, rather than being a standardized amount.»
The ruling from the Twenty-Second Civil Court of Santiago represents a significant step forward in the long road toward transitional justice in Chile, acknowledging the unspeakable pain of the victims while affirming the state’s responsibility in reparations for the crimes committed during the military dictatorship.
