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July 11, 2022
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Third expert report to Pablo Marchant, from the CAM, contradicts the “execution” thesis

On July 9, it was one year since the death of the member of the Organ of Territorial Resistance (ORT) of the Arauco-Malleco Coordination (CAM), Pablo Marchant Gutiérrez (29), who died as a result of a gunshot to the head hands of carabineros, during a sabotage to a task of the Forestal Mininco company, in the Santa Ana Tres Palos estate, in Carahue. However, the preliminary information that circulated then, via social networks, confirmed the death of Ernesto Llaitul, son of Héctor Llaitul, leader of the CAM, a confusion that to date remains unexplained.

According to the statements of the policemen involved, the first corporal Hugo Huenchuvil was the one who fired his shotgun, 12 gauge, against Pablo Marchant –at a distance of three meters–, in the presence of Second Sergeant Eduardo Mora; Meanwhile, Second Sergeant Edison Ancamil and First Corporal Javier Minte were in a container with the forestry workers. These four officials were at the scene because Forestal Mininco, with respect to the Fundo Santa Ana Tres Palos, had a protection resource that guaranteed a fixed point of police rounds day and night, in force from June 14 to July 14, 2021 – service certificates sent by the COP to the local Pucón Prosecutor’s Office.

Officials Mora and Huenchuvil stated that Marchant would have appeared on the left side of the road, hooded and with a long M16 rifle-type weapon in his hands, with which he made the gesture of pointing it at them. However, this was contradicted by Sergeant Ancamil, who recounted: “When I got to Sergeant Mora, I asked him what had happened, who was the person on the floor, and Sergeant Mora told me ‘we shot one of the individuals, we have recovered weapons,’ but at this time I did not know who had injured the individual, I only saw the subject lying on the floor with a skull wound, but I did not see the weapons.”

In addition, in the information present in the investigative file, it is established that that afternoon only Ancamil was carrying a body camera (No. 8), despite the fact that Carabineros de Chile has a “Manual for the Use and Registration of Video Cameras in the Police Service.” Nor did they bring radios with them to communicate through the Communications Center (Cenco), there being a parallel communication via WhatsApp, of which there is no record in the investigative file.

Third expert report to Pablo Marchant, from the CAM, contradicts the "execution" thesis

Paul Marchant

2 to 3 meters

On December 10, 2021, the Temuco Local Prosecutor’s Office notified the city’s Legal Medical Service (SML), requesting an extension of the autopsy protocol for Pablo Marchant, prepared five months earlier, which should consider the “Meta-expert Pre-report Forensic Criminalistics” developed by the thanatologist Bernardo Morales; expert opinion that explains that Corporal Huenchuvil’s shot was not from three meters away, as he stated in his statement, but that it was a hit with support, that is, at point-blank range, which would eventually confirm that Marchant had been executed by Carabineros.

“Regarding the main injury that precisely and necessarily caused the death of Marchant Gutiérrez, this is the shot to the head, right temporal region, it has all the characteristics of a shot with the support of the barrel at the point of entry of the ballistic projectile ( …) (in the) photographic expert report, it can be seen that the position of the body of the deceased Marchant Gutiérrez at the scene of the event is facing the bushes, which is not consistent with the statement of the accused (Huenchuvil) who indicates that the The deceased advanced in front of him, pointing at him and moving the rifle he was carrying (Marchant). On the other hand, the position of the lower extremities, which are flexed at the knees, is striking, which suggests that they were flexed at the time of receiving the ballistic impact”, reads the document of the November 13, 2021, which concludes that the shot was fired through an execution mechanism.

Also, in this second expert opinion it is described that Marchant received a second ballistic impact on his right arm, which would have severely limited his ability to move, hold a firearm and shooting capacity, so what was said by him would hardly have happened. Corporal Huenchuvil, who stated that “a crouched person came out carrying in his hands a long weapon with which he pointed forward, fanning it in a pan, in such a way that he could easily shoot Mora or me.” Therefore, Marchant would have been caught in the bushes, and subsequently executed.

Extension of complaint

However, the autopsy magnification –from January 26, 2022 and to which The counter had access – contradicts the meta-expert report, by maintaining that the CAM member received only one shot, since the injuries to the arm and shoulder would correspond to pellets from the ballistic impact on his head; even, in the subsequent skills, 109 pellets were recorded in Marchant’s body.

Regarding the distance of the shot, it is detailed: “To complement the conclusions of the protocol autopsy report, I can conclude that it is a single shot at a distance of approximately 2 to 3 meters, in which the pellets behave like a central mass of shot (…). The satellite pellets cause the small blunt injuries described in (…) the shoulder, the arm, the anterior aspect of the left hemithorax”.

Therefore, the document issued by Nubia Riquelme (thanatologist of the SML of Temuco) to the prosecutor Jorge Calderara, discards the hypothesis of the execution, insisting that the distance of the shot was two to three meters.

To date, the Marchant case has three expert opinions regarding his autopsy: the autopsy protocol of July 28, 2021, the pre-report issued by Dr. Morales (at the request of Pablo Marchant’s family) and the autopsy extension of the January 26 this year.

“One year after the murder of Pablo Marchant, no formalized police officer has been found, and the Public Ministry has slowly carried out some procedures (…) in the extended autopsy, Nubia Riquelme insists on her thesis, which was again refuted by Bernard Morales. Regarding this, we are waiting for the response of the prosecutor Calderara, so that he can receive us with the thanatologist Morales, and thus be able to explain what has been exposed (in his thesis) ”, affirms Rodrigo Román, lawyer of Myriam Gutiérrez, mother of Paul Marchant.

Even Myriam Gutiérrez, in conversation with The counterpointed out that he does not trust the results of the extended autopsy, since he agrees with what Corporal Hugo Huenchuvil declared, and adds that he will insist on the execution thesis.

“From the Prosecutor’s Office there is no progress in the investigation, everything remains the same. The case has not been prosecuted, the police officers involved are still in service. We have requested meetings with the prosecutor in the case, but a year after my son’s death, we still have no answer. Clearly there is something that is trying to hide, “explains Gutiérrez, before saying goodbye.

“General Sr. Bobadilla and General Sr. González go to the place”

Another edge in the death of Pablo Marchant is the radio conversation of the Control Command via Cenco, during the afternoon of July 9, 2021. The counter He had transcript access of this communication, diligence managed by non-commissioned officer Máximo Castro, in charge of the Carabineros Communications Center (Cenco) Cautín:

17:56:32: Santa Ana Faction COP personnel communicate that they are being attacked by unknown individuals with shots.
18:00:51: Colonel Mr. Gutiérrez orders Commander Mr. González to attend the scene.
18:01:29: Carahue 1 communicates that it receives a telephone call from the Mininco monitoring center, that a company worker is injured.
18:05:53: At the moment the information is diffuse, it is unknown if the deceased person is a community member or a company worker.
18:09:45: Colonel Gutiérrez moves to the place.
18:13:56: General Mr. Bobadilla and General Mr. González go to the scene.
18:41:57: General Mr. González orders that the personnel who are in the place isolate the site of the event with the maximum security measures.
18:42:59: Sergeant Mora is told by telephone not to manipulate evidence, he states that the area (is) secured.
18:43:42: Carahue One Captain Sr. Montes at the scene of the event.

18:44:27: General reiterates leaving historical support for the development of the procedure.
18:45:18: 2nd Sergeant Ancamil with 2nd Sergeant Mora at the site of the event in charge of the faction.
18:48:52: Colonel Sr. Urrejola announces that a rifle firearm has been recovered at the scene of the event.
18:54:45: At the scene of the event there is a young hooded male community member who died with an M-16 rifle at his side.
19:03:10: Prosecutor Mauricio San Martín Lara makes a call to the Carahue subcom instructs that personnel who are at the scene of the event make a phone call.

19:47:45: At 19:35 hours General Sr. González and Commander Fernández entering the Coi Coi sector without incident.

20:00:56: Colonel Sr. Gutiérrez at the scene of the event at this time.

Until that minute of the radio excerpt, the presence of the PDI at the scene of the event has not yet been confirmed, despite the presence of Carabineros officers; and the identity of the deceased person is not reported either, considering that Pablo Marchant carried his identity card among his belongings. In addition, in the statement of Corporal Javier Minte, he stated that Huenchuvil and Mora were the officials in charge of guarding the site of the event, the body and the weapons.

20:28:27: General Bobadilla informs Carahue Uno to call prosecutor San Martín.
20:28:37: Captain Montes calling the prosecutor.

20:28:58: General Bobadilla communicates that PDI will proceed to the scene of the event.

20:39:30: Prosecutor San Martín instructs Bipe Lacrim, BH, and list of weapons and COP personnel who proceeded to the scene of the event.

20:39:49: General González delivers this information directly.

After 11:00 p.m., Héctor Llaitul was mentioned in the communication via Cenco, who minutes later entered the scene of the event in the company of his son’s partner, believing until that moment that the deceased was Ernesto, as had been confirmed. the prosecutor San Martin by phone. Even during the dialogue with Cenco, Ernesto Llaitul was not named, so the information on his alleged death would have been discussed through another communication channel, between the Prosecutor’s Office and the Police of Chile, without support from that in the Central Communications uniformed police.

“We think that the prosecutor is not involved in this political and police intelligence operation, and that he carried out both the forestry and some Carabineros commanders (…), he initially maintains that it was Ernesto because he asks the Carabineros high command and they confirm, but he told us that he was going to go to the field to give us certainty. Later, while on the ground, he calls us, communicates with me and maintains that it is Ernesto’s body (…). This leads us to deduce that the framework of this operation is carried out by Carabineros and people linked to the forestry at the highest level, which ended with the death of Toño (Pablo). I also don’t know for what specific purpose they circulated that the deceased was Ernesto”, comments Llaitul, in an exclusive conversation with The counter.

Regarding the presence of generals in the area, Llaitul explains that the Carabineros generals are usually monitoring the area, especially in “situations of this type”, being the ones in charge of making decisions.

Finally, Rodrigo Román explains that he does not rule out requesting the exhumation of Pablo Marchant’s body, to confirm the theory of the two shots.

From the Prosecutor’s Office, they affirmed that the case is still in force, with proceedings and expert reports in progress. “Because it is a case that has not been prosecuted, we cannot give more details of what is being done, but the investigation is not exhausted.”

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