27 Pichún Paillalao was also sentenced to serve 41 days and to pay a fine of 10 monthly tax units for the crime of driving under the influence (…). 5. The Mapuche communities of Didaico and Temulemu are adjacent to the Nancahue tree farm, and 6. According to the statement that Osvaldo Carvajal, both defendants are members of a violent, de 99 facto organization called the Coordinadora Arauco Malleco C.A.M. 80. Based on these considerations and evidence that, in the judges’ opinion, proved that the defendants had had a hand in setting the fires, the oral criminal trial court concluded that defendants Pascual Pichún and Aniceto Norín were guilty of the authorship of the crimes of “terrorist arson” and sentenced them to imprisonment for five years and one day. 81. Furthermore, ancillary penalties were imposed under Article 9 of the Constitution of Chile in the following terms: That, those found guilty shall, furthermore, be disqualified for 15 years from discharging public duties or holding public office, regardless of whether or not the appointment is by popular election; from being the rector or director of an educational establishment or performing teaching activities therein; from operating a social communications media outlet or being a director or manager thereof, or performing therein functions connected with the broadcast or dissemination of opinions or information; and from being the leader of a political organization, an organization associated with education, or a neighborhood, professional, business, labor, student, or trade association, during 100 that time. 82. Finally, the Court denied Pascual Pichún’s request to have the identity of protected witness No. 1 revealed so that legal action could be instituted against the witness for perjury. The court 101 dismissed the request in view of the nature and seriousness of the crimes established in this ruling. 83. Therefore, in the operative part of the oral criminal trial court’s judgment, the petitioners were acquitted of the charge of terrorist arson involving the home of the manager of the Nancahue tree farm and terrorist arson on the San Gregorio property; Aniceto Norín was also acquitted of the crime of terrorist threat against the owners and manager of the Nancahue tree farm as the court was of the view that his individual culpability had not been proven; the two defendants were convicted of the crime of “terrorist threats.” 7. The motion filed to vacate the conviction and the Chilean Supreme Court’s decision 84. The petitioners filed a motion with the Chilean Supreme Court seeking to have the September 27, 2003 verdict of the Angol oral criminal trial court overturned and argued that the lower court had committed several violations that were legal grounds for nullification, namely: (a) violation of constitutional guarantees and international treaties (Article 373-a of the Code of Criminal Procedure); (b) formal defects in the explanation of the facts, the weighing of the means of evidence, and the 99 Verdict of the Angol oral criminal trial court –chamber with jurisdiction- of September 27, 2003; Consideranda 15. Attached to the communication that attorney Rodrigo Lillo Vera sent to the IACHR on behalf of Aniceto Norín, received on December 23, 2003, and to the communication from Pascual Pichún Paillalao supplementing the original petition he filed with the IACHR, received on June 21, 2004. 100 Verdict of the Angol oral criminal trial court – chamber with jurisdiction, September 27, 2003; Consideranda 15. Addendum to the communication that attorney Rodrigo Lillo Vera sent to the IACHR on behalf of Aniceto Norín, received on December 23, 2003, and to the communication from Pascual Pichún Paillalao supplementing the original petition he filed with the IACHR, received June 21, 2004. 101 Verdict of the Angol oral criminal trial court –court with jurisdiction- of September 27, 2003; Consideranda 23. Attached to the communication that attorney Rodrigo Lillo Vera sent to the IACHR on behalf of Aniceto Norín, received on December 23, 2003, and to the communication from Pascual Pichún Paillalao supplementing the original petition he filed with the IACHR, received on June 21, 2004.