providing grounds for the decision that are required of judges under articles 297 and 36 of the
Criminal Procedural Code, and had examined some pertinent probative elements superficially.119
c) Partial conviction issued on September 27, 2003, by the Angol Oral
Criminal Trial Court
116. The Angol Oral Criminal Trial Court heard the proceedings against Messrs. Norín
Catrimán and Pichún Paillalao and Ms. Troncoso in a new trial. The court was composed of three
different judges from those who decided the acquittal of April 14, 2003 (supra paras. 112 and
113). On September 27, 2003, the court delivered judgment.120 Regarding Patricia Troncoso, it
declared that the presumption of her innocence had not been invalidated, that “there was no
direct evidence that connected her with possible authorship of the offenses of which she was
accused” and, consequently, acquitted her of the offenses she was charged with. The court
reached the same conclusion with regard to the alleged criminal responsibility of Messrs. Pichún
Paillalao and Norín Catrimán for the offenses of “terrorist arson,” but convicted them as
perpetrators “of the offenses of threat of terrorist [arson]” applying the legal presumption of
intent to instill fear.121 It convicted Mr. Pichún Paillalao “as perpetrator of the offense of terrorist
threats against the administrator and owners of the Nancahue forest farm,” and Mr. Norín
Catrimán “as perpetrator of the offense of terrorist threats against the owners of the San
Gregorio plantation,” “both acts having occurred during 2001 and thereafter in the Traiguén
commune.”
117.
The court imposed the following punishments on each of them:
a)
Five years and one day of long-term rigorous imprisonment (presidio) at the
lowest level;122
b)
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”;
c)
The ancillary penalties of “disqualification for 15 years from discharging public
duties or holding public office, regardless of whether or not the appointment is by
popular election; from being the rector or director of an educational
establishment or performing teaching activities therein; from operating a social
communications media outlet or being a director or manager thereof, or
performing therein functions connected with the broadcast or dissemination of
opinions or information; and from being the leader of a political organization, an
119
Cf. Judgment delivered on July 2, 2003, by the Second Chamber of the Supreme Court of Justice (file of annexes to
the Merits Report 176/10, annex 17, folios 575 to 606).
120
Cf. Judgment delivered on September 27, 2003, by the Angol Oral Criminal Trial Court (file of annexes to the Merits
Report 176/10, annex 15, folios 508 to 554).
121
In its thirteenth considerandum, the Angol Oral Criminal Trial Court indicated that “[t]he foregoing is substantiated
by the legal presumption established in the second subparagraph of Article 1(1) of Law 18,314, currently amended by the
new principles on the assessment of evidence indicated in articles 295 and ff. of the Criminal Procedural Code. Thus, today,
and based on the principle of logic, the justified fear of the population or part of it of being victims of offenses of the same
type is proved by the fact that the latter has been threatened of being harmed by the perpetration of an offense by means
of incendiary devices.” Cf. Judgment delivered on September 27, 2003, by the Angol Oral Criminal Trial Court, thirteenth
considerandum (file of annexes to the Merits Report 176/10, annex 15, folio 540).
122
According to article 32 of the Chilean Criminal Code, the punishment of imprisonment (presidio) differs from the
punishments of confinement (reclusión) and incarceration (prisión), because the former signifies that the prisoner must
perform tasks established in the rules of the respective detention center.
41
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