b) Judgment delivered on October 13, 2004, by the Temuco Court of Appeal 127. The five condemned men filed individual appeals for annulment against the judgment declaring them guilty of the offense of terrorist arson on the Poluco Pidenco property.138 They asked that the trial be annulled and a new trial ordered or else, that the judgment be annulled and another one delivered declaring that the offense of arson is not of a terrorist nature, and applying a punishment of five years and one day. 128. On October 13, 2004, the Temuco Court of Appeal delivered judgment in which it denied the appeals for annulment and maintained all the provisions of the judgment convicting them. Regarding the terrorist intent, the guilty verdict was founded on the legal presumption of the intent to instill fear in the general population. In the judgment deciding the appeal for annulment filed by the defense based on the erroneous establishment of the terrorist nature of the acts that they were accused of, the Temuco Court of Appeal stated that the charges were brought based on the presumption of terrorist intent of article 1 of Law No. 18,314, thus explaining the absence of motivation by the oral court that delivered the judgment convicting them.139 c) Serving the incarceration sentences 129. Florencio Jaime and Juan Patricio Marileo Saravia began to serve their sentence on August 17, 2004,140 receiving an allowance for time served in pre-trial detention. While serving their sentence, they were awarded certain prison benefits, such as: “Sunday release” (for Juan Patricio Marileo Saravia), “weekend release” and “supervised release” (for Florencio Jaime Marileo Saravia). On December 20, 2010, they both obtained the benefit of “parole” by Decision No. 456 of the Regional Secretariat of the Ministry of Justice of the Region of Araucanía. Lastly, by Decrees Nos. 3928 and 3929 of the Ministry of Justice of September 5, 2011, the initial sentence of the Marileo Saravia brothers was reduced by 14 months, and they were released on September 10, 2011.141 130. Ms. Troncoso Robles began to serve her sentence on August 17, 2004, and received an allowance for the time spent in pre-trial detention. While serving her sentence, she was 138 Cf. Appeals for annulment filed by Florencio Jaime Marileo Saravia, José Benicio Huenchunao Mariñán, Juan Patricio Marileo Saravia, Juan Ciriaco Millacheo Licán and Patricia Roxana Troncoso Robles against the judgment delivered on August 22, 2004, by the Angol Oral Criminal Trial Court (file of helpful evidence presented by the State, folios 208 to 321 and 1166 to 1199), and Judgment delivered on October 13, 2004, by the Temuco Court of Appeal denying the appeal for annulment (file of annexes to the Merits Report 176/10, annex 19, folios 688 to 716). 139 Cf. Judgment of October 13, 2004, of the Temuco Court of Appeal (file of annexes to the Merits Report 176/10, Annex 19, folio 695). 140 Cf. Transcript of the minutes of the special meeting of the technical committee of the Angol Preventive Detention Center on March 14, 2008; Transcript of the minutes of the regular meeting of the technical committee of the Angol Preventive Detention Center of July 31, 2008; Decree 3928 of September 5, 2011 issued by the Chilean Ministry of Justice (file of helpful evidence presented by the State on July 10, August 16 and September 6, 2013). 141 Cf. Transcript of the minutes of the technical committee of the Angol Preventive Detention Center of March 14, 2008; Transcript of the minutes of the technical committee of the Angol Preventive Detention Center of July 31, 2008; Transcript of the minutes of the technical committee of the Vicún Education and Employment Center of August 30, 2007; Transcript of the minutes of the technical committee of the Vicún Education and Employment Center of December 13, 2007; Transcript of the minutes of the technical committee of the Victoria Semi-open Education and Employment Center of August 22, 2008; Decision No. 456 issued on December 20, 2010, by the Regional Secretariat of the Ministry of Justice of the Region of Araucanía; Decree No. 3928 of September 5, 2011, issued by the Chilean Ministry of Justice; Decree No. 3923 of September 5, 2011, issued by the Chilean Ministry of Justice; Report on the prison conditions of the persons involved in the Case of Norín Catrimán et al. v. Chile (file of helpful evidence presented by the State, folios 63 to 66, 1232 to 1235, 1237 to 1252, 1479 to 1484, 1485 to 1487, 1488 to 1491, 1445 to 1447, 1494,1495), and 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 608 to 687). 45