8. The State submitted its observations in a December 30, 2005 communication, received by the IACHR on January 5, 2006. On March 28, 2006, these observations were transmitted to the petitioners for them to submit, in turn, their own observations. 9. On May 8, 2006, the Commission informed the State of Chile that it had taken cognizance that the petitioners in the instant case were on a hunger strike begun on March 13, 2006, in protest against the application of Law 18.314 on terrorist conduct in the proceedings carried out against them. The IACHR also requested that the Government of Chile keep it informed regarding measures taken in response to this situation. To date, the IACHR has not received any information in this regard. III POSITIONS OF THE PARTIES A. Background 10. The matter at issue is related to a criminal trial followed against Juan Marileo Saravia, Florencio Marileo Saravia, Patricia Roxana Troncoso Robles, José Huenchunao Mariñan and Juan Ciriaco Millacheo Lican. Before examining the positions of the parties, the Inter-American Commission will provide a brief summary of the trial, in which the aforementioned individuals were found guilty of the crime of terrorist arson. At the time of publication of this report, Mr. Jaime Marileo Saravia and Ms. Patricia Troncoso are incarcerated, serving their sentence. There is a standing warrant for the arrest of Messrs. José Benicio Huenchunao Mariñan and Juan Ciriaco Millacheo Lican so that they will serve their aforementioned sentence. 11. Regarding the trial, it is clear from the background provided by the parties that on August 22, 2004, an oral trial was held against Messrs. and Mme. Juan Patricio Marileo Saravia, Florencio Jaime Marileo Saravia, Patricia Roxana Troncoso Robles, José Benicio Huenchunao Mariñan and Juan Ciriaco Millacheo Lican, for the crime of terrorist arson, perpetrated on December 19, 2001, on the Polunco Pidenco farm of the Ercilla municipality. 12. The petitioners lodged a motion to vacate the judgment before the Appeals Court of Temuco, which was denied on October 13, 2004, and the final judgment and sentence were affirmed. 13. According to the decision denying the motion to vacate, “each one of the appellants was sentenced to ten years and one day of longer imprisonment to the medium degree, to absolute and permanent disqualification from public office and employment, and from enjoying political rights, and absolute disqualification from licensed professions during the duration of the sentence handed down to them as perpetrators of the crime of terrorist arson, committed on December 19, 2001, on the Polunco Pidenco Farm in the Municipality of Ercilla. The appellants were also sentenced to jointly and severally indemnify the civil plaintiff Forestal Mininco S. A. for pecuniary damages in the sum of four hundred twenty-four million nine hundred and sixtyfour thousand seven hundred ninety-eight pesos ($424.964.798), plus interest and legal adjustments accrued from the date of the final judgment until the date of complete and final payment, with costs.”2 B. Position of the petitioners 14. The petitioners contend that they were subjected to a criminal trial for the crime of arson in a forested area owned by the company Forestal Mininco S. A. in the Province of Malleco, Municipality of Ercilla in the ninth region of Araucania, on December 19, 2001. According to the petitioners, charges were brought against them in that trial by the Office of the Attorney General, the Office of the Governor of Malleco, and by the Forestal Minico S.A. company. 2 Whereas clause No. 2 of the decision denying the motion to vacate, on the official webpage of the Judiciary of Chile http://www.poderjudicial.cl. 2