El Ciudadano
Original article: Colonia Dignidad: La lucha por verdad y justicia continúa
By Codepu Human Rights Defense Corporation Team
The Santiago Court of Appeals upheld the sentence convicting Willi Ferdinand Malessa Boll to a single effective prison term of 6 years for his role as an accomplice in the qualified kidnapping of Juan Bosco Maino Canales, Elizabeth de las Mercedes Rekas Urra—who was pregnant at the time of her abduction—and Antonio Elizondo Ormaechea.
The kidnappings took place in Santiago on May 26, 1976, and their traces lead to the German enclave of Colonia Dignidad, located in the Parral commune.
The ruling indicates that Malessa Boll’s behavior designates him as an accomplice; he was neither the perpetrator nor an accomplice in a direct sense but intervened later by «hiding or rendering useless the body, effects, or instruments of the crime to prevent their discovery,» according to the court’s findings.
Furthermore, the ruling states, «Indeed, the established facts show that the accused knowingly collaborated with a criminal act executed by others, consciously favoring it and perpetuating uncertainty about the fate of the kidnapped individuals, as he was tasked with the exhumation of bodies buried in ten graves, each containing at least four corpses, as well as the disposal of vehicles.»
Subsequently, the ruling concludes, «It is possible to determine that the exhumations carried out by the accused, along with the burial of vehicle parts, do not constitute isolated facts or disconnected from the crime of qualified kidnapping that could be legally classified as separate crimes such as illegal exhumation… rather they form a comprehensive unit of connected acts that comprise the same chain of criminal activities, which transforms Malessa Boll into a participant as an accomplice to the crimes of kidnapping, which are considered crimes against humanity.»
The actions attributed to the defendant maintained the consumptive state of the kidnappings and configured a mechanism of protection for the perpetrators, the ruling states.
Malessa Boll’s arrest occurred in May 2023, and as noted by the family statement, it resulted from the persistence of the Groups of Families of the Disappeared and Executed in the Maule Region, who, along with CODEPU lawyer Mariela Santana, had been requesting his arrest for over a year.
The Third Chamber of the Court’s ruling was unanimous. For lawyer Mariela Santana, the decision is significant and valuable as it «confirms the thesis of his participation as a necessary collaborator and part of the criminal network that enabled the disappearance of dozens of victims in the former Colonia Dignidad.»
She asserted, «We maintain that the hierarchical and pyramidal structure of Colonia Dignidad, which supported these crimes, has not been entirely dismantled. Impunity has persisted for years,» adding, likely reflecting on recent events, that «the judiciary must adhere to international standards concerning human rights. We hope the Chilean State continues to fulfill its mandate to investigate and punish severe human rights violations committed during the military-civil dictatorship.»
However, the struggle for truth and justice continues. With characteristic persistence and in light of government announcements to reverse the expropriation of Colonia Dignidad lands, precautionary measures have been requested from the Inter-American Commission on Human Rights (CIDH).
María Escobar Escanilla, Margarita Maino Canales, and Myrna Troncoso Muñoz, all relatives of the disappeared, along with CODEPU lawyer Mariela Santana, presented their appeal to the international body.
In their appeal, they urge the Chilean State to adopt urgent and effective measures to protect the rights of victims in relation to the former Colonia Dignidad, including immediately suspending any decisions, administrative actions, or measures aimed at revoking or halting the expropriation process; ensuring the continuity of the expropriation of the involved lands to create a memorial site; and ensuring that all of the above is carried out with the effective participation of the victims and their families in all decisions regarding the fate of the location, with sufficient information provided to them on a regular basis regarding the measures taken to fulfill these obligations.
Corporation for the Defense of the People’s Rights
La entrada Colonia Dignidad: Ongoing Fight for Truth and Justice se publicó primero en El Ciudadano.
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