alerce and participated in several legal actions in defense of the environment.47 In addition,
Mr. Baraona has worked at different times as a lawyer for Forestal Sarao S.A.48 He has stated
that his life project included actively participating in the defense of human rights and a healthy
environment and that he has carried out work related to forest protection.49 Mr. Baraona
currently lives in Puerto Varas, a town in the Los Lagos region, where there is a vast expanse
of alerce trees.50
D. Statements made by Carlos Baraona Bray to several media outlets
54.
Since December 2003, a lawyer acting for Forestal Sarao and the director of the
Terram Foundation had accused CONAF of negligence in controlling the illegal logging of alerce
trees.51 In addition, the Agrupación de Ingenieros Forestales por el Bosque Nativo reported
that Mr. CW, who served as Executive Director of CONAF, was being pressured to approve
alerce management plans for private individuals.52 At the same time, other organizations and
groups of people denounced the existence of a political pressure network and illicit
associations prejudicial to the conservation of the alerce.53
55.
In the context of these claims, Mr. Baraona Bray made several statements to the
media, where he referred mainly to the fact that Senator SP of the Los Lagos region had
exerted political pressure on the authorities in charge of alerce conservation to continue to
allow the illegal occupation of a property in the Los Lagos region and not to stop the illegal
logging. Mr. Baraona considered that the journalists sought him out for an interview because
he had filed a complaint related to this issue in 1999.54 Some of Mr. Baraona’s statements in
this regard, established as proven facts in the domestic criminal proceedings,55 were as
follows:
a)
On May 12, 2004 Carlos Baraona was interviewed on the “Teletrece” news program,
where he stated that Senator SP was pressuring the authorities so that they would not stop the
illegal logging of alerce trees in the Los Lagos region. He added that “Senator [SP] has pressured
to maintain [the] situation of exploitation […] on the property and the illegal occupation […],
the SEREMI (regional secretariat) […] of the Ministry of National Assets [NB] and Mr. PB [regional
director of CONAF,] yes, they have basically been, uh, faithful servants of the interests of
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. The representatives indicated that Mr. Baraona’s participated in those legal
actions with the Terram Foundation.
48
According to several statements mentioned in the judgments of June 22, 2004 and October 4, 2007, in 2001
Carlos Baraona was the lawyer of Forestal Sarao S.A. and filed complaints owing to various conflicts that the company
was facing in relation to a 50,000 –hectare property located in the area of El Sarao which was owned by the company.
Between 2002 and 2004, Carlos Baraona stopped working with Forestal Sarao (evidence file, folio 024, 080, 108,
183-184). Furthermore, in the public hearing he stated that “in 2000, 2001, 2002, 2003 and mid-2004, he had no
connection with [Forestal Sarao]”. Cf. Statement of Carlos Baraona Bray before the Court, supra; Judgment of the
Court of Guarantee of Puerto Montt of June 22, 2004, supra, and Judgment of the Court of Guarantee of Puerto Montt
of October 4, 2007 (evidence file, fs. 153 a 201).
49
Cf. Statement of Carlos Baraona Bray before the Court, supra.
50
According to statements given by the representatives and Mr. Baraona at the public hearing. Cf. Statement
of Carlos Baraona Bray before the Court, supra.
51
Cf. News report entitled “Logging of alerce trees in the Tenth Region: CONAF legitimized its work,” supra.
52
Cf. News article published in El Mostrador, entitled “National Director of CONAF arrested,” supra.
53
Cf. News article titled “Ecologists request minister's visit in alerce logging case,” supra.
54
At the public hearing, Mr. Baraona stated that he believes that the reason why the journalists sought him
out is because they had been following the case and came to his office, because “anyone interested in investigating
the judicial history related to the alerce - I imagine that they were aware that in [19]99, I filed a complaint in another
city - that […] is the reason why they came across my name. Also, in the Los Muermos case, Forestal Sarao was
[the] plaintiff, there were several plaintiffs, including Forestal Sarao, and [he] had been a lawyer for Forestal Sarao,
four, four and a half years earlier.” Cf. Statement of Carlos Baraona Bray before the Court, supra.
55
Cf. Judgment of the Court of Guarantee of Puerto Montt, of June 22, 2004, supra.
47
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