51. At the end of 2003 and beginning of 2004, public discussion of the problem of illegal logging of alerce trees was influenced by reports of alleged unlawful conduct by public officials who facilitated that crime.40 This led to a strong public debate in Chile and the creation of a Commission of Inquiry on illegal logging of alerce in the Chamber of Deputies.41 52. Legal action was also taken against officials allegedly involved in illegal logging of alerce trees, including the Executive Director of the National Forestry Corporation (Corporación Nacional Forestal, hereinafter “CONAF”), the state agency in charge of forestry policies,42 who was arrested for this reason on May 10, 2004.43 This situation created public speculation about the illegal trafficking of alerce trees and the possible existence of political pressures.44 C. Regarding Carlos Baraona Bray 53. Carlos Baraona Bray is a Chilean attorney. Until mid-1998, he was the regional attorney for CONAF in the Los Lagos region of Chile.45 In this capacity, he was involved in cases related to the exploitation and illegal logging of alerce trees.46 After working at CONAF, he was the lawyer for “The Conservation Land Trust,” an organization that placed him in charge of an environmental conservation project linked to an environmental philanthropist. He also worked on a voluntary basis in the preparation of a report on the protection of the Cf. Newspaper articles entitled: “Logging of alerce trees in the Tenth Region: CONAF legitimized its work”, on December 12, 2003, which mentions that the director of CONAF “regret[ed] the accusations against the institution for alleged negligence in the control of illegal logging of alerce trees” (evidence file, folio 69); “Ecologists ask minister to visit in case of logging of alerce trees,” dated May 11, 2004, which reports that environmental organizations requested an investigation into the crimes of illegal association and influence peddling in the case of the illegal logging of alerce trees in the Los Lagos region (evidence file, folio 75); “If anyone believes that politicians are involved, let them say so", dated May 12, 2004, which mentions that the executive director of the Terram Foundation stated that "there is evidence of a protection network, political pressure and illicit association," to which the Minister of Agriculture at the time responded that “if anyone believes that politicians are involved in this situation, let them say so, but let them say so responsibly” (evidence file, folio 79); “Alerce: They claim that the director of CONAF received political pressures", dated May 15, 2004, which reports that the Agrupación de Ingenieros Forestales por el Bosque Nativo (Association of Foresters for the Native Forest) stated that the then executive director of CONAF received political pressures (evidence file, folio 85). These are online press reports, which do not include their publication reference. 41 The Investigating Commission submitted a report to the Chamber of Deputies at its 60th session, on April 6, 2005, stating that it was unable to conclusively determine whether or not there was unlawful association or influence peddling. Regarding the responsibility of CONAF, it noted anomalies in the supervision of logging plans authorized by the institution, as well as in the monitoring and verification of the authorized extraction volumes in each of the plans. It also concluded that, from the information gathered by the Commission, it is possible to conclude that there is illegal logging of alerce in the Tenth Region. Cf. Session No. 60, Wednesday, April 6, 2005, of the Chamber of Deputies, Minutes of Session. Report of the Commission of Inquiry into the illegal logging of alerce trees. Available at: https://www.camara.cl/verDoc.aspx?prmID=437%20&prmTIPO=TEXTOSESION. Consulted on September 7, 2022; Initial petition of March 4, 2005, before the Inter-American Commission, “Complaint against the State of Chile for violation of the rights of Carlos Baraona,” supra; Brief of the State of June 11, 2008, in the proceedings before the Inter-American Commission, supra, and news report in the online publication Chiloenlínea, entitled “Commission of Inquiry on Illegal Logging of the Alerce,” dated March 24, 2004 (evidence file, folios 65 to 66). 42 The Corporación Nacional Forestal (National Forestry Corporation) is a private law entity under the Ministry of Agriculture, whose main task is to manage Chile’s forestry policy and promote the development of the forestry sector. https://www.CONAF.cl/quienes-somos/ 43 Cf. Judgment of the Court of Guarantee of Puerto Montt, of June 22, 2004 (evidence file, folios 4 to 47); News report published in the online newspaper El Mostrador, entitled “National Director of CONAF arrested,” of May 11, 2004 (evidence file, folio 64), and news report in the online publication Chiloenlínea, entitled “Commission of Inquiry on Illegal Logging of the Alerce”, supra. 44 Cf. Initial petition of March 4, 2005 before the Inter-American Commission, “Complaint against the State of Chile for the violation of the rights of Carlos Baraona”, supra, and brief of the State of June 11, 2008, in proceedings before the Inter-American Commission, supra. 45 Cf. Statement of Carlos Baraona Bray before the Court, supra, and Judgment of the Court of Guarantee of Puerto Montt of June 22, 2004, supra. 46 Cf. Judgment of the Court of Guarantee of Puerto Montt of June 22, 2004, supra, and press report of January 29, 2002 (evidence file, folios 51 to 54). 40 16