against Juan Patricio and Florencio Jaime Marileo Saravia, José Benicio Huenchunao Mariñán, Juan Ciriaco Millacheo Licán and Patricia Roxana Troncoso Robles. The Public Prosecution Service, the complainant Forestal Mininco S.A., owner of the Poluco Pidenco plantation, and the complainant Office of the Malleco Provincial Governor, intervened as plaintiffs. Public defenders and private lawyers participated for the defense of the accused and, among other matters, denied the participation of the accused in the events. The parties offered testimonial, documentary and expert evidence.134 125. The accused had been held in pre-trial detention from January 28, 2003, to February 13, 2004, with the exception of Juan Patricio Marileo, whose pre-trial detention had been ordered on March 16, 2003 (supra para. 121), and José Huenchunao Mariñán who, despite having benefited from an “order for immediate release” as of February 13, 2004 (infra para. 332), was detained until February 20, 2004. In addition, Ms. Troncoso Robles and the Marileo Saravia brothers were detained from August 17 to 22, 2004, the date on which execution of the judgment commenced. The time they had already served was deducted from the prison sentence.135 a) Judgment delivered on August 22, 2004, by the Angol Oral Criminal Trial Court 126. On August 22, 2004, the Angol Oral Criminal Trial Court delivered judgment,136 in which it convicted the accused as “perpetrators of the offense of terrorist arson” for the “act committed on December 19, 2001, on the Poluco Pidenco property, in the Ercilla commune.”137 The court imposed the punishment of 10 years and one day of medium-level rigorous imprisonment and the ancillary penalties of “[a]bsolute and permanent disqualification from public office and positions, and absolute disqualification from titled professions for the duration of the sentence.” It also admitted the civil complaint and sentenced the accused jointly to pay Forestal Mininco S.A. the sum of $424,964,798 Chilean pesos for pecuniary damage. 134 Cf. Judgment delivered on August 22, 2004, by the Angol Oral Criminal Trial Court, first, second and fifth considerandum (file of annexes to the Merits Report 176/10, annex 18, folios 607 to 687). 135 Cf. Judgment delivered on August 22, 2004, by the Angol Oral Criminal Trial Court, third operative paragraph (file of annexes to the Merits Report 176/10, annex 18, folios 607 to 687); Decision on “hearing to open the investigation” issued on January 28, 2008, by the Collipulli judge; Decision on “hearing on the control of the detention and to open the investigation” issued on March 16, 2003, by the Collipulli judge; Release order issued on February 13, 2004, by the guarantees judge of the Combined Court of Collipulli; Note No. 179 issued on February 17, 2004, by the judge of the Combined Court of Alcazar, Collipulli, addressed to the Head of the Angol Preventive Detention Center advising that he “had been mandated to inform him that José Benicio Huenchunao Mariñán […] must remain in the center”; Decision issued on February 20, 2004, by the Collipulli judge in relation to the urgent request of the defense counsel of José Benicio Huenchunao Mariñán, and Note No. 201 issued on February 20, 2004, by the judge of the Combined Court of Collipulli addressed to the Head of the Angol Preventive Detention Center informing him of the “ annulment of Note 179 of February 17, 2004” concerning José Benicio Huenchunao Mariñán (file of annexes to the Merits Report 176/10, appendix 1, folios 8652 to 8677, 7804 to 7808, 9671 to 9677, 9681, 9697 to 9699, and 9733 to 9736). 136 Cf. Judgment delivered on August 22, 2004, by the Angol Oral Criminal Trial Court, first and fifth operative paragraphs (file of annexes to the Merits Report 176/10, annex 18, folios 607 to 687). 137 The court found it had been proved that “on December 19, 2001, a group composed of around 50 persons from the Mapuche communities of Tricauco, San Ramón and Chequenco, entered the Poluco Pidenco property […] and proceeded to light more than 80 small fires in two sectors of the plantation.” This resulted in “two major fires in this plantation,” one of which affected an area of approximately 18 hectares of […] pine and eucalyptus nitens forest, undergrowth and protected areas,” and the other “an area of approximately 89 hectares composed of pine and eucalyptus nitens forest, and protected areas. In addition, the court found it proved that the firefighters and members of the police who arrived at the plantation to extinguish the fire were obstructed and attacked, and that the accused had been seen starting some of the said small fires and, specifically, that José Benicio Huenchunao Mariñán “directed and indicated how to start the fires and where do so this.” 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, folios 673 and 674). 44