presumed victims were acquitted of the offense of “conspiracy to commit a crime” in relation to their supposed membership “in a terrorist organization that operated under the aegis of this indigenous organization.”56 B) The criminal judgment convicting Messrs. Marileo Saravia, Huenchunao Mariñán and Millacheo Licán, and Ms. Troncoso Robles 39. In the criminal judgment that convicted Juan Patricio Marileo Saravia, Florencio Jaime Marileo Saravia, José Benicio Huenchunao Mariñán, Juan Ciriaco Millacheo Licán and Patricia Roxana Troncoso Robles as perpetrators of the offense of terrorist arson, the criminal court, when analyzing both the participation and the terrorist nature of the offense, followed a line of reasoning in which, once again, it circumscribed conclusions regarding the special subjective element of the criminal responsibility of the presumed victims to contextual facts regarding which it makes no direct probative or legal connection to the accused.57 Regarding the terrorist intent, in the nineteenth considerandum, the oral court resorted to references to the “Mapuche land conflict” and to the context of the land claims of the Mapuche indigenous people including reflections that make general observations on the use of violence and its illegal nature, by asserting that the process of land recovery of the Mapuche people “has been carried out by acts of violence, without respecting the institutional framework and the laws in effect, resorting to the use of force […].”58 These contextual elements were not presented in a neutral 6. According to the testimony of Osvaldo Carvajal, both of the accused belong to the Coordinadora Arauco Malleco C.A.M, a violent de facto organization. 56 Cf. para. 215 of the Judgment. 57 In the sixteenth considerandum of the judgment delivered on August 22, 2004, by the Angol Oral Criminal Trial Court, when referring to the “participation as direct authors of the fire at the Poluco Pidenco property,” the Court affirmed: […] it has been proved that José Benicio Huenchunao Mariñan, Patricia Roxana Troncoso Robles, Juan Patricio Marileo Saravia, Juan Ciricao Millacheo Lican and Florencio Jaime Marileo Saravia, participated as direct perpetrators of the said fire at the Poluco Pidenco property because they acted immediately and directly in the execution of this fire, an illegal act inserted in the so-called Mapuche land conflict, committed with the intent of instilling a justified fear in the population of being victims of similar crimes. 58 When examining the terrorist nature of the offense of arson, the Angol Oral Criminal Trial Court stated the following in the nineteenth considerandum: NINETEENTH: Regarding the defense’s assertion that the acts were not of a terrorist nature, it should be noted that the statements mentioned in the preceding considerations, provided by persons who were directly connected to the events or who knew about them for different reasons, are coherent with the expert opinions and documentary evidence provided by the claimants during the hearing. They constitute background information that, taken as a whole and freely assessed, lead these judges to establish that the fire which occurred at the Poluco Pidenco property on December 19, 2001, does qualify as a terrorist offense, inasmuch as the actions that underlie these crimes demonstrate that the form, methods and strategies employed had a malicious intent, which was to instill a generalized fear in the area, a situation that is a well-known and notorious fact that these judges cannot ignore; this is a serious conflict between part of the Mapuche ethnic group and the rest of the population, a fact neither argued by the parties nor unknown to them In effect, the offense established in Considerandum 16 must be viewed against the backdrop of a process of the recovery of Mapuche lands, in which the perpetrators took direct action, without respecting the existing legal and institutional order and by resorting to the use of force through measures that were planned, agreed and prepared in advance by radicalized groups that seek to create a climate of insecurity, instability and fear in the Province of Malleco, as most of the incidents, and the most violent ones, have occurred in communes of that province. These actions can be summarized as follows: excessive demands that violent groups make of owners and 15