15 retroactively; (iv) failure to observe the right to equality of arms and to be able to summon witnesses, to the detriment of petitioners Juan Patricio Marileo Saravia, Florencio Jaime Marileo Saravia, Patricia Roxana Troncoso Robles, José Benicio Huenchunao Mariñán and Juan Ciríaco Millacheo Licán, by virtue of the fact that the State allegedly paid witnesses to testify against the petitioners on the grounds that it was protection money, with the result that the petitioners did not receive the same procedural treatment that other persons who are not Mapuche indigenous people would receive when prosecuted for a crime; or (v) a failure to observe the right to equality in the case of the petitioners Juan Patricio Marileo et al. because the Trial Court did not follow apply the same criteria in admitting and weighing the evidence of guilt and exculpatory evidence, which was particularly detrimental to Patricia Troncoso, José Benicio Huenchunao and Juan Ciriaco Millacheo. IV. PROVEN FACTS A. Context 1. The Mapuche indigenous people, their territorial situation and socioeconomic conditions 41. The Mapuche indigenous people, composed of some six hundred thousand persons, is 49 the largest indigenous group in Chile. The different communities that compose the Mapuche people are grouped into five different identities: Huenteche, Nagche, Lafkenche, Pehuenche and Huilliche, located in regions VIII, IX and X, and on the island of Chiloé. A large proportion of the Mapuche people 50 also lives in urban areas. The social organization of the Mapuche indigenous people is structured around groups of families or extended families that form communities (lof), each with its respective territorial identity. The Mapuche people revere the Lonkos as their highest traditional authorities; Lonkos 51 exercise leadership over their respective communities; the combination of the Lonkos and the Werkén 52 or messengers forms the indigenous leadership of a given community. 42. The social and economic conditions of the Mapuche indigenous people are such that they live in poverty and are, in general, worse off than the non-indigenous population of Chile, as various 53 international human rights organization have reported. A number of organizations and experts have drawn an association between the Mapuches’ socioeconomic condition and their gradual loss of territory 54 and the deterioration of the environment, both factors causing this people’s gradual impoverishment. 49 UN – Economic and Social Council – Commission on Human Rights - Report of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, Mr. Rodolfo Stavenhagen, submitted in accordance with Commission resolution 2003/56. Addendum – Mission to Chile – Doc. UN E/CN.4/2004/80/Add.3, November 17, 2003, paragraph 3. 50 UN – Economic and Social Council – Commission on Human Rights - Report of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, Mr. Rodolfo Stavenhagen, submitted in accordance with Commission resolution 2003/56. Addendum – Mission to Chile – Doc. UN E/CN.4/2004/80/Add.3, November 17, 2003, paragraph. 3. See also: International Federation for Human Rights: “Chile – La otra transición chilena: derechos del pueblo Mapuche, política penal y protesta social en un estado democrático” [Chile – The other Chilean transition: the rights of the Mapuche people, policy on crime and social policy in a democratic state”], FIDH, April 2006 – Report provided by petitioners Pascual Pichún and Aniceto Norín on June 14, 2006, added to the case file and forwarded to the State, p. 5. 51 Original petition that Aniceto Norín Catrimán filed with the IACHR, received on August 15, 2003. 52 Original petition that Víctor Ancalaf Llaupe, 69 authorities, leaders and members of the Mapuche people and three attorneys filed with the IACHR, received May 20, 2005. 53 UN – Economic and Social Council – Commission on Human Rights - Report of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, Mr. Rodolfo Stavenhagen, submitted in accordance with Commission resolution 2003/56. Addendum – Mission to Chile – Doc. UN E/CN.4/2004/80/Add.3, November 17, 2003, paragraph. 3. UN – Economic and Social Council – Committee on Economic, Social and Cultural Rights: Consideration of Reports Submitted by States Parties under Articles 16 and 17 of the Covenant. Concluding observations of the Committee on Economic, Social and Cultural Rights. Chile. Doc. UN E/C.12/1/Add.105, December 1, 2004, paragraph 13. 54 UN – Economic and Social Council – Commission on Human Rights - Report of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, Mr. Rodolfo Stavenhagen, submitted in accordance with Commission resolution 2003/56. Addendum – Mission to Chile – Doc. UN E/CN.4/2004/80/Add.3, November 17, 2003, paragraph 19.