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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