Regarding the involvement of both defendants, it is imperative to consider the following: 1. As general background, and according to the evidence provided during the trial by the Public Ministry and the private accusers, it is a public and notorious fact that for some time in that area organizations have been active that use violence or incite violence as justification for land claims. Among the methods they employ are various acts of force against forestry companies and small and medium-sized farmers, all of whom are owners of land adjacent to or near indigenous communities that assert historic rights to the land. These actions are aimed at reclaiming land they deem to be ancestral, with illegal occupation being one means to attain the most ambitious ends. In this way they will recover part of their ancestral territory and strengthen the territorial identity of the 14 Mapuche People. 24. The petitioners added that in criminal law the burden of proof regarding guilt or innocence does not lie with the defendant. However, in paragraph 2 of whereas clause 15 of the decision this burden is reversed when the Court said: It is not sufficiently proven that these acts were caused by persons outside the Mapuche communities, since they correspond to the clear intent to create a climate of total hostility towards the property owners in the sector, in order to instill fear and get them to accede to their demands. This responds to the logic of the so-called “Mapuche Problem” because the perpetrators knew the claimed territory and because no Mapuche community 15 or property had been damaged. 25. Likewise, they stated that the judgment accepts as fact things that the court itself had discussed as allegations, for example: According to the testimony of Osvaldo Carvajal, both defendants are purported to belong to the Arauco Malleco C.A.M. Coordinator group, an organization which in fact, as was 16 reiterated, is of a violent nature. 26. They added that in the judgment the Court convicted them for collective and not individual responsibility: Regarding the involvement of both defendants it is imperative to consider the following: 3.It was proven that defendant Pascual Pichún is the Lonko of the Antonio Nirripil Community, and the second defendant, Norín is the Lonko of the Lorenzo Norín Community, which gives them rank and certain leadership capacity over those communities. 4. Likewise, it is imperative to stress that defendants Pichún and Norín have been convicted of other crimes related to occupying land on tree farms in places neighboring their respective communities, as is seen in case Rol No. 22,530 et al., for which Pascual Pichún was convicted and sentenced to 4 years of maximum-degree shortterm imprisonment, and Norín to 800 days medium-degree short-term imprisonment, while both were sentenced to pay secondary claims and court costs for the crime. Furthermore, Pichún Paillalao was sentenced to 41 days in maximum degree prison and to pay a fine of 10 monthly tax units for committing the crime of driving while intoxicated. This is verified in the summary and background information and copies of the duly certified and filed final decisions. 5. The Mapuche communities of Didaico and 17 Temulemu are adjacent to the Nancahue tree farm… 27. Furthermore, they indicated that the court violated the principle of presumed innocence in other paragraphs of the judgment, such as whereas clause 13. The court also did not reveal the identity of the witnesses to Mr. Norín or Mr. Pichún. In a segment pointed out by the petitioners, whereas clause 13 reads as follows: 14 Judgment of conviction issued by the judges September 27, 2003. Whereas clause 15 (1). 15 Judgment issued by the judges of the Retrial 2003. Whereas clause 15 (2). 16 Judgment issued by the judges of the Retrial 2003. Whereas clause (6). 17 Judgment issued by the judges of the Retrial 2003. Whereas clause 15 (3), (4) y (5 of the Retrial Court of the Angol Criminal Trial Courthouse dated Court of the Angol Criminal Trial Courthouse dated September 27, Court of the Angol Criminal Trial Courthouse dated September 27, Court of the Angol Criminal Trial Courthouse dated September 27, 5