The days of yesterday and today at the Roman Assise Court continued the trial for the disappearance and presumed murder of Omar Venturelli Leonelli, occurred just over 36 years ago in Temuco. Evidence continues to emerge that the denounced crimes against humanity, and the impunity for so long provided by the Chilean State, were not futile accusations. The complicit silence held in Chile breaks down in Italy, country that has not accepted the crime of one of their compatriots, the late missing Omar Venturelli.

The days of yesterday and today at the Roman Assise Court continued the trial for the disappearance and presumed murder of Omar Venturelli Leonelli, occurred just over 36 years ago in Temuco. Evidence continues to emerge that the denounced crimes against humanity, and the impunity for so long provided by the Chilean State, were not futile accusations. The complicit silence held in Chile breaks down in Italy, country that has not accepted the crime of one of their compatriots, the late missing Omar Venturelli.

Although gratifying, this is a hard and sad time for the witnesses: Four Chileans who traveled from Chile: Mario Carril Huenuman, Mapuche from the city of Temuco, detained and savagely tortured by order of the prosecutor Podlech; Victor Faundez, who made a strong case about the execution of his brother Jaime, indicated that the order came from the accused ex-prosecutor; Conrado Perez Rebolledo unveiled his long student friendship with Omar Venturelli, highlighting his charismatic leadership qualities, which concerned the military regime authorities, leading to his disappearance. His wife, Mirtha Mandolini Varas, testified of her personal interview with the military prosecutor Podlech, in his own office. From Germany came Dr. Ruth Kries, widow of Dr. Hernan Henriquez.

Aldo Contreras, now professor in the Netherlands, told the brutal treatment received in Valparaiso and his eventual transfer to the hands of Podlech who subjected him to a ”Martial Court trial ”. Also presenting testimony, was Victor Gavilan, a social worker who knew Podlech before the coup. He was arrested, tortured and, eventually, he went into exile in Canada. Finally testified Jose Venturelli, resident in Canada, a general medical practitioner then, in Nueva Imperial, also detained and tortured at that time, who met Omar Venturelli in prison.

Some important aspects became evident during these two days:

Alfonso Podlech was denounced as a member of ”Patria y Libertad”, an extreme right wing political movement: on the first day of the Coup –;September 11th - he went to Temuco’;s Jail, dressed in military clothes and demanded from the warden to free 8 members of this political group who were in prison.

Podlech’;s direct responsibility of various crimes became clear: he made brutal arrests of civilians, ordered torture and participated himself in such torture, lied about the whereabouts of the prisoners who were under his own responsibility. Those that were made to disappear were remembered at this trial and it became evident that Podlech was the military prosecutor who behaved as a fanatical and criminal director of actions against the civilian population. Although all mentioned missing people were not part of the trial, many constituted the criminal set up put in place at that time. The violence against farmers, Mapuche, students, workers and professionals was revived during these testimonies.
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”Martial Courts” in the Malleco-Cautín region were characterized as pseudo-legal trials where former military prosecutor Podlech decided on every step: he ordered arrests, made and mounted accusations and orchestrated interrogations under torture. He made the allegations and then, established sentencing demands that could lead to executions, imprisonment or releases that covered up for the many disappearances. All of these were made by a single individual who obtained approval by accomplices who just confirmed Alfonso Podlech’;s imposed sentences.
In the case of Omar Venturelli it was recalled that during the short time that the former priest was put in contact with other political detainees Omar stated that his observed lesions resulted from torture, directly under the former prosecutor’s control. Omar mentioned too that the treatment given by the prosecutor included fanatical shouting such as ”being a rebel priest”, ”a traitor to his class” and a ”traitor to the church”.
The names of many others, murdered or missing, sprouted in another form of life from the provided testimonies: all in the context of a wide repressive situation in Chile and where Podlech had regional power. This provided him with total impunity and with the benefits of a privileged financial life. Of those remembered, many people fell in the context of the Death Caravan, launched in Temuco with General Sergio Arellano Stark’;s arrival to that city. At that time Attorney Alfonso Podlech -a student of Arellano- gave him the support by welcoming him and providing the necessary organizational aspects for those crimes. Thus, we heard many names:

· Pedro Ríos:
professor at the Temuco siege of the University of Chile and also, Director of the Los Angeles city Campus of the University of Concepción: He was arrested and fell in Alfonso Podlech control, who was locally responsible for “sowing death in his caravan”.

· Dr. Hernan Henriquez, who was director of the National Health Services in the Malleco-Cautín region at the time of the Coup. He was detained on three occasions and the former prosecutor was responsible for them. Dr. Kries’; testimony recalled the insulting attitude of former prosecutor in one of several encounters with her in September and October 1973. He then said, “your husband must have gone with another woman to Argentina”. After it was announced from the Prosecutor’s office in radio proclamations that Dr. Henriquez had been murdered, and when she asked for her husband’s body for a proper funeral he gave an arrogant and unethical response: he simply said the enemies of the country do not deserve a grave . These statements, given the enormity of the crime, were repeated at the request of counsel Gentile. This was a very frightening moment, specially when in Chile, this has not been allowed to be said nor has he or many other criminals against humanity have been put to justice.

· Jaime Eltit Spielmann, a Temuco lawyer, was arrested on September 13th in Santiago but released on parole. He went several times to the Tacna Regiment at their request. On October 6th, he was transferred to Temuco, into the Tucapel Regiment’;s prison, at the request of Prosecutor Alfonso Podlech. He was made to disappear on October 13th . It was known that Podlech disliked him, well before the coup, for being a lawyer who opposed his legal actions on behalf of jailed Patria y Libertad members.

· Ruben Morales, a former military cadet and professor at the U of Chile, was mentioned by two of us and seen at the moments we were taken to the Regiment Tucapel for torture sessions. The second time he went with us for long and harsh interrogation sessions he did not return: a radio proclamation stated that ”during a transfer he had been shot when he tried to escape” (when escaping was totally impossible)

· Luis Almonacid, a young student, after detention disappeared during those the same days.

· We were reminded of Dr. Arthur Hillerns, a very well liked doctor from Puerto Saavedra, who was first called with a proclamation and then released. He was arrested on 15 September 1973, at the time the militarized Police went to fetch his brother-in-law, lawyer Jaime Eltit. The government never acknowledged arresting him although it was Carabineros who did it. Dr. Hillerns’; disappearance was present in this event and it is still part of what happened in that region of the country.

· Jecar Neghme, a social worker of the National Health Services in Temuco, was made to disappear in circumstances similar to many others. His family was stricken once more, just before the end of the dictatorship, with the murder of their son, also named Jecar Neghme, a young with remarkable human qualities. The Chilean State and government maintain the attitude of denying justice for this family.

All of them, along with Omar Venturelli, were part of a sad yet a small sample of those years. They are part of the thousands that went missing in the same context and constitute a shameful 37 years of an immoral State cover up.

Much justice still remains to be achieved in Chile yet none of those missing has been forgotten. Many have not been named in these lines but none will be forgotten as it has been attempted. The Chilean government must change its objectionable behavior for justice to happen. Although the State has tried to forget them, yet this will never occur. Along with thousands of families that are looking for them and demand justice we will remain hopeful and tirelessly we will seek justice.
In the context of this trial, despite Podlech’s diminished physical appearance, there were no signs of repentance on the part of the former prosecutor. He retains his mental functions intact, to the point that when he briefly spoke, emphatically expressed the same reasons given at the time of committing his crimes. He follows the example of fanaticism and intolerance of his leader, Augusto Pinochet: We were in a state of internal war ; I was not the fiscal to March 1974 -this despite having been clearly identified as the military officer responsible for torture and disappearances since the beginning of the coup. He denied the evidence of his belongings to Patria y Libertad. We have seen an individual who still today shows the same decision about his actions, lying, yet facing Justice for the first time.
The Jury’s President reminded the former prosecutor to stop using body language and gestures, addressed to the civil jurors, trying to deny what was been stated by the witnesses. A bad day for someone who violated the human rights, but certainly a positive step towards justice. Our heartfelt gratitude also goes to Italy as it shows a path of justice from which we must all learn as in our country that is still denied.

Witnesses are grateful for the solidarity expressed by Chileans living in Italy, as well as from the Trial and Punishment Committee (of former prosecutor Podlech) from Italy and Temuco. We want to also express our sympathy for the continuous struggle given by the family of Omar Venturelli, both in Italy and Chile. They have removed mountains so Justice can exist for all. We hope this case can be a step towards truly establishing justice processes, genuinely, as that may lead to a real democratic transition in Chile. Lasting justice, in the context of a new Chilean Constitution, democratically developed and not using Chile’s current Constitution: the one left by the dictatorship.

The aforementioned witnesses look forward to the forthcoming 5th. Hearing, to be held on February 11 and 12 also in Rome.