SEARCHING FOR BORIS WEISFEILER: SEQUENCE OF EVENTS
2016. A TRAVESTY OF JUSTICE
In June 2015 Judge Jorge Zepeda closed the Weisfeiler’s disappearance case, while refusing to investigate further additional leads, to question new witnesses, or investigate a cover-up by the high ranking military officers requested by case attorney, Hernan Fernandez.
On March 8, 2016 judge issued his final ruling. The judge’s decision is a travesty of justice: Judge Jorge Zepeda has transformed unresolved human rights atrocity committed by the agents of the State, into a common crime and applied the statute of limitation.
The ruling contradicts a 2012 indictment in which the same judge, Jorge Zepeda, in the court filing ruled: the suspects, eight former military officers, will be prosecuted for aggravated kidnapping and complicity in the disappearance of a U.S. citizen's in 1985.
Judge Zepeda’s ruling in this case is a direct aide-mémoire of the judicial rulings during Gen Pinochet’s dictatorship.
"If allowed to stand, this ruling essentially will perpetuate a thirty year cover up of the disappearance of a U.S. citizen in Chile," according to Peter Kornbluh, author of The Pinochet File: A Declassified Dossier on Atrocity and Accountability.
Memorial service dedicated to seventeen human rights victims of Pinochet's dictatorship, including Boris, was held on December 8 2013 in Santiago's Jewish Cemetery. Engraved in the black granite monument are the words “That your souls remain linked to the bonds of life.” Also written on the stone is excerpt from the Torah, “Even unto them will I give in My house and within My walls a monument and a memorial better than sons and daughters; I will give them an everlasting memorial, that shall not be cut off.”
A memorial plaque , dedicated to all those Jewish victims was installed on the wall of Villa Grimaldi, the place of notorious General Pinochet's former prison.
On August 21, 2012 a Chilean judge ordered the arrest of eight retired police and military officers in connection with the kidnapping and disappearance of Boris Weisfeiler. According to the court filings, the suspects will be prosecuted for "aggravated kidnapping" and "complicity" in the disappearance of a U.S. citizen's on January 3-5, 1985.
The indicted agents, the ruling said, apart from taking away Boris' liberty, have persisted in hiding the facts (video, in Spanish) of the illegal detention and the whereabouts of Boris Weisfeiler.
The ruling makes no mention of where Boris might have been taken after his detention or what happened to him afterwards.
2011. HUMAN RIGHTS COMMISSION'S RESOLUTION
On August 26, 2011 the final Human Rights Valech Commission's report made public. Case of Boris Weisfeiler disappearance in Chile is not accepted as a Human Rights violation .
As it appears, for some unexplained reason, members of La Comisión did not evaluate any of the newly presented information, such as the US declassified documentation. Declassified U.S. documents leave no doubt that Boris Weisfeiler is the one U.S. citizen among 1100+ Chileans disappeared at the hands of agents of state repression.
2010. CASE SUBMITTED TO HUMAN RIGHTS COMMISSION
Olga Weisfeiler and her son Lev arrived in Chile on February 26, 2010 to resubmit Boris Weisfeiler's case to the recently opened human rights commission, Comisión Asesora para la calificación de Detenidos Desaparecidos, Ejecutados Políticos y Víctimas de Prisión Política y Tortura, in short La Comisión for evaluation.
A written statement in English and in Spanish gives a comprehensive account of the facts and events that occurred on the night of Boris' disappearance and subsequent actions by Pinochet’s military to conceal the crime.
2009. WEISFEILER CASE AND HUMAN RIGHTS ISSUE
According to Chilean law, the only way to classify a case as being a human rights violation, officially, was through the special HR Commission.
In its 1991 report, the Retting Commission did not include the Weisfeiler disappearance case into human right violation category because, as it said, there was not enough evidence to support such; all of the information gathered by the U.S. Embassy during 5 years of the investigation was regarded as "classified," and therefore not available to the Chilean investigators for evaluation at the time.
Since the case was reopened in 2000, an ongoing criminal investigation in Chile has been treated the case as a 'de facto' human rights case – but never officially.
On September 11, 2009, Chilean Congress approved the bill that would reopen two former Human Rights Commissions: Rettig and Valech. And therefore open the possibility for the Weisfeiler family, as well as of many Chilean families, to resubmit their cases for the Commission’s reevaluation again.
2006. MEETING WITH PRESIDENT OF CHILE
In June 2006, Chilean President Michelle Bachelet met in Washington D.C. with sister of Boris Weisfeiler, Dr. Olga Weisfeiler. The Chilean government web site in its online posting "Meeting with Olga Weisfeiler", acknowledged that Boris Weisfeiler "desaparecido en Chile en enero de 1985, tras su detención por una patrulla militar" (disappeared in Chile in January 1985 after he was arrested by military patrol.)
Yet, 24 years after it happened, the Chilean Government is refusing to accept its responsibility in Prof. Weisfeiler disappearance while referring to the National Truth and Reconciliation Commission (Rettig) report which did not classify the Weisfeiler case as a human rights violation.
President Bachelet, however, announced to the US Congress that the Government’s legal body, Chile’s State Defense Council (CDE), will take part in the Weisfeiler case as a plaintiff.
2000. INTRODUCTION: THE WEISFEILER CASE
There are more than 1,100 desaparecidos (disappeared persons) in Chile and one of them is a U.S. citizen - Boris Weisfeiler. A Russian-born mathematics professor at Pennsylvania State University, Weisfeiler vanished while on a hiking trip near the border between Chile and Argentina in the early part of January 1985. After a quick and cursory investigation, Chilean authorities concluded that Weisfeiler had drowned in the Los Sauces River during his trip.
The Weisfeiler's family reopened investigation in the Chilean Courts in early January 2000.
In June 2000, the U.S. has declassified over 500 documents related to the Weisfeiler’s disappearance.
Declassified U.S. documents tell a different story. According to an informant (1987), Weisfeiler was detained by Augusto Pinochet's soldiers, presumed to be a CIA, or a Russian or a Jewish spy, and taken to the secretive Nazi-related German settlement Colonia Dignidad. Those documents show that the U.S. Embassy personnel did not do enough to ascertain the fate of Weisfeiler, the only missing U.S. citizen in Chile. As consul Jayne Kobliska stated more than a year after Weisfeiler's disappearance in a memo from April 1986, "the real danger in this case is that we will delay action until it is too late to either save Weisfeiler's life or to determine the true circumstances of his death."