20 Article 7. An attempt to commit an act of terrorism described in this law shall be punished with the minimum sentence established by law for the consummated crime. If there is only one degree of punishment, the provisions of Article 67 of the Criminal Code shall be applied and the minimum shall be tentatively imposed. A serious or credible threat to commit any of the aforementioned crimes shall be punished as an attempt of same. Conspiracy with regard to the same crimes shall carry the same penalty as the consummated crime, reduced by one or two degrees. B. The criminal case brought against Mapuche Lonkos Pascual Pichún Paillalao and Aniceto Norín Catrimán and their conviction 1. The fires that led to the criminal case against the Lonkos 58. On December 13, 2001, a fire occurred in the house of the manager of the Nancahue Tree Farm located in the district [comuna] of Traiguén, in Chile’s Region IX. This property belongs to Mr. Juan Agustín Figueroa, who was once Minister of Agriculture; at the time of the fire, he was a 68 member of Chile’s Constitutional Tribunal. No one was hurt in the fire; however for the courts the 69 owner estimated the property damage at $45,000,000 (forty-five million Chilean pesos). 59. On December 16, 2001, there was a fire at the San Gregorio tree farm, which initially affected 10 hectares of pine trees; later on, the fire broke again and destroyed approximately 80 70 hectares. The San Gregorio tree farm belongs to the brothers Juan Rafael and Julio Sagredo Marín. No one was hurt in the fire, and there is no estimate in the case file of the value of the property damage that the fire caused. 60. Aniceto Norín Catrimán is the Lonko in the community of Lorenzo Norín (Didaico sector), while Pascual Pichún Paillalao is the Lonko in the community of Antonio Ñirripil (Temulemu sector). 71 Both communities are in the district [comuna] of Traiguén. The community of Antonio Ñirripil is 72 adjacent to the Nancahue Tree Farm. 61. Pascual Pichún was accused of the fire that destroyed the house of the manager of the Nancahue Tree Farm; with that, criminal proceedings were instituted against him in which he was charged with the crimes of terrorist arson, and of threatening the owner and the manager of the 73 Nancahue Tree Farm with terrorist arson. 68 Original petition that Aniceto Norín Catrimán filed with the IACHR, received on August 15, 2003, p. 6. Original petition that Pascual Pichún Paillalao filed with the IACHR, received on August 15, 2003, p. 2. Not contested by the State. 69 The owners’ estimate was not introduced with supporting evidence in court, which is why the Angol oral criminal trial court dismissed the claim of civil damages in its verdict of conviction of September 27, 2003. 70 Original petition that Aniceto Norín Catrimán filed with the IACHR, received on August 15, 2003, p. 6. Verdict of the Angol oral criminal trial court – chamber with jurisdiction, September 27, 2003. Addendum to the communication that attorney Rodrigo Lillo Vera sent to the IACHR on behalf of Aniceto Norín, received on December 23, 2003, and to the communication from Pascual Pichún Paillalao supplementing the original petition he filed with the IACHR, received June 21, 2004. 71 Original petition that Aniceto Norín Catrimán filed with the IACHR, received on August 15, 2003, p. 2. Original Petition that Pascual Pichún Paillalao filed with the IACHR, received on August 15, 2003, p. 2. 72 Original petition that Pascual Pichún Paillalao filed with IACHR, received on August 15, 2003, p. 2. Verdict of the Angol oral criminal trial court – chamber with jurisdiction, September 27, 2003. Addendum to the communication that attorney Rodrigo Lillo Vera sent to the IACHR on behalf of Aniceto Norín, received on December 23, 2003, and to the communication from Pascual Pichún Paillalao supplementing the original petition he filed with the IACHR, received June 21, 2004. 73 Original petition that Aniceto Norín Catrimán filed with the IACHR, received on August 15, 2003, p. 6. Verdict of the Angol oral criminal trial court – chamber with jurisdiction, September 27, 2003. Addendum to the communication that attorney Rodrigo Lillo Vera sent to the IACHR on behalf of Aniceto Norín, received on December 23, 2003, and to the communication from Pascual Pichún Paillalao supplementing the original petition he filed with the IACHR, received June 21, 2004.