Roxana Troncoso Robles, activist, were tried by the Angol Oral Criminal Trial Court. They were accused of perpetrating the offense of terrorist arson owing to the fire that occurred on December 19, 2001, in the Poluco Pidenco property, owned by the private forestry company, Mininco S.A., and located in the commune of Ercilla, Region IX,128 which affected 107 hectares “covered by pine forest, eucalyptus nitens, undergrowth and protected areas.”129 Investigation, pre-trial detention and preceding detention 121. On January 28, 2003, a hearing was held to open the investigation into José Benicio Huenchunao Mariñán, Florencio Jaime Marileo Saravia, Juan Ciriaco Millacheo Licán and Patricia Roxana Troncoso Robles and, at that time, their pre-trial detention was ordered (infra para. 328). With regard to Juan Patricio Marileo Saravia, the hearing to control his detention and to open the investigation was held on March 16, 2003, and, at that time, his pre-trial detention was ordered (infra para. 329).130 Charges 122. On June 23, 2003, the Public Prosecution Service brought charges against Juan Patricio and Florencio Jaime Marileo Saravia, José Benicio Huenchunao Mariñán, Juan Ciriaco Millacheo Licán and Patricia Roxana Troncoso Robles, as perpetrators of the offense of arson established in Law No. 18,314 (offense of terrorist arson) in relation to the events that occurred on December 19, 2001 (supra para. 120), pursuant to article 476.3 of the Criminal Code and articles 1.1 and 2.1 of Law No. 18,314, and asked that they be sentenced to ten years and one day of mid-level rigorous imprisonment. The Office of the Malleco-Angol Provincial Governor endorsed the charges brought by the Public Prosecution Service. Forestal Mininco S.A. filed a private complaint.131 123. Regarding the events that occurred on December 19, 2001, in the Poluco Pidenco property (supra para. 120), charges were also brought against persons other than the presumed victims in this case, and their trials concluded with separate judgments.132 Juan Carlos Huenulao Lielmil was convicted in May 2005 as perpetrator of the offense of terrorist arson. José Belisario Llanquileo Antileo was convicted in 2007 as perpetrator of the offense of arson, without reference to its terrorist nature, because “[i]n the opinion of the judges, the proven facts do not fall within any of the hypotheses of terrorism established by law.”133 Oral trial 124. The order to open an oral trial was issued on May 28, 2004. The oral public hearing was held on July 29 and 30, 2004, before the Angol Oral Criminal Trial Court in the proceedings 128 Cf. Decision to hold the oral trial issued on May 28, 2004, by the guarantees judge (file of helpful evidence presented by the State, folios 67 to 127). 129 Cf. Judgment delivered on August 22, 2004, by the Angol Oral Criminal Trial Court, fourteenth considerandum (file of annexes to the Merits Report 176/10, annex 18, 608 to 610). 130 Cf. Decision on “hearing to open the investigation” issued on January 28, 2008, by the Collipulli judge, and Decision on “hearing on the control of the detention and to open the investigation” issued on March 16, 2003, by the Collipulli judge (file of annexes to the Merits Report 176/10, appendix 1, folios 8652 to 8677 and 7804 to 7808). 131 Cf. Decision to hold an oral trial issued on May 28, 2004, by the guarantees judge (file of helpful evidence presented by the State, folios 67 to 127), and Judgment delivered on August 22, 2004, by the Angol Oral Criminal Trial Court, second and third consideranda (file of annexes to the Merits Report 176/10, annex 18, 608 to 611). 132 Cf. Decision to hold an oral trial issued on May 28, 2004, by the guarantees judge (file of helpful evidence presented by the State, folios 67 to 127). 133 Cf. Judgment delivered on May 3, 2005, by the Angol Oral Criminal Trial Court, first operative paragraph, and Judgment delivered on February 14, 2007, by the Angol Oral Criminal Trial Court, first operative paragraph, and seventeenth considerandum (file of annexes to the FIDH motions and arguments brief, annexes 41 and 42, folios 1467 to 1596). 43

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