Dictatorship’s Brutality Against Its Own: State Ordered to Compensate $40 Million to Ex-Military Detained in 1975

The civic-military dictatorship not only persecuted, tortured, and executed political opponents, but also turned its repressive machinery against those who wore the same uniform. This was confirmed by a ruling from the Thirtieth Civil Court of Santiago, which ordered the State to pay an indemnity of 40 million pesos for moral damages to V.S.E.L., an ex-member of the Army who was detained by intelligence agents from his own military branch on February 12, 1975.

For more than a year and three months, the then-soldier was held in captivity and subjected to torture in facilities run by the Navy and the now-defunct National Intelligence Directorate (DINA), the secret police of Augusto Pinochet’s regime.

In the ruling, Judge Daniela Royer Faúndez dismissed the exceptions of integral reparation and statute of limitations presented by the state. In her reasoning, the judge asserted that the experiences endured by V.S.E.L. constitute a crime against humanity, making them non-prescriptible both in criminal and civil law.

Thus, the court not only validated the possibility of filing a lawsuit decades later but also acknowledged the state’s duty to compensate a victim who was once part of its own ranks.

Military Member Detained and Tortured by Regime Agents

In his account, the ex-military stated that he was arrested on February 12, 1975, in Quilpué by Army intelligence, accused of alleged involvement with the Revolutionary Left Movement (MIR).

After being blindfolded and beaten, he was transferred to various detention and torture centers, including Villa Grimaldi (belonging to DINA), where he spent 28 days and suffered beatings, asphyxiation, waterboarding, electric shocks to sensitive areas, and was forced to witness the torture of other prisoners.

He was subsequently taken to Cuatro Álamos, Tres Álamos, Silva Palma, and Melinka, being released on September 28, 1976. He was convicted by a military tribunal for violating gun control laws and later granted amnesty.

As a result, he suffered physical consequences (difficulty walking, back pain) and psychological issues (nightmares, anxiety attacks, insomnia, irritability, distrust, social isolation). His family also faced poverty, isolation, and stigma.

In light of this situation, he decided to seek exile in Sweden, where he indicated he could arrive «thanks to the solidarity of international human rights defense organizations.»

Report Reveals Complex Post-Traumatic Stress Disorder

To substantiate the moral damage, the plaintiff presented a biopsychosocial report prepared by clinical psychologist Tamara Tapia Zubicueta, who diagnosed the ex-military with a complex post-traumatic stress disorder. The clinical picture manifests through recurrent nightmares, anxiety, a chronically hyper-alert state, and persistent feelings of sadness, uncertainty, and fear.

The document also details the emotional impact of exile, which required him to «leave behind his family of origin, roots, and dreams.»

This “caused significant impact on the plaintiff, requiring his wife and family to adapt,» it notes.

One of the most striking passages from the psychological report, included in the ruling, reveals that the most painful cost of the assaults perpetrated by regime agents was the end of his marriage due to the personality changes he underwent after the torture.

State to Pay Indemnity of $40 Million

The court determined that “the indicated psychological report allows us to conclude that the plaintiff’s life was significantly altered due to the political detention, torture endured, and exile he was subjected to, resulting in current psychological sequelae.”

In evaluating the indemnity prudently, the judge considered the current psychological sequelae, the length of deprivation of liberty (over fifteen months), the subsequent exile, and a previous financial compensation the state had already provided to the plaintiff. Taking all these factors into account, she set the amount at 40 million pesos.

View the First Instance Ruling

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