logging of alerce she had received a call from Senator [SP].” At the end of the audio tape where Mr. Baraona’s statement to this media outlet is reproduced, the reporter clarifies that “the reason for the senator’s call, according to Carlos Baraona, was for the judge to protect the situation [of the then] Provincial Director of CONAF.” On May 18, 2004, this information was also broadcast on the Medianoche program of Televisión Nacional de Chile; published in the newspaper El Mercurio under the heading “Judge in alerce case receives death threats”; and appeared in the newspaper El Llanquihue, under the heading “Lawyer Baraona claims that judge was pressured by Senator [SP].” On May 23, 2004, the newspaper La Tercera published a reported entitled “Judge [RM] would order the arrest of [CW] again” in which, according to statements by Judge [RM...,] “she considers Carlos Baraona to be very brave and does not believe that he would make statements if he does not have legal grounds, finding him to be consistent in what he says and what he does. She adds that it is not true that he has appointed her as his spokesperson and denies having received a call from Senator [SP] or from his secretary.”59 e) Finally, “Ercilla” magazine, in issue No.3242 of May 24-June 6, 2004, published an interview with Carlos Baraona entitled “Senator [SP] acts like a landlord,” in which he reiterated that the head of the Llanquihue province of CONAF, LB, told him that the land issue was a matter for Senator SP and that he should reach an agreement with Mr. C, the legal representative of Forestal Sarao S. A. He later reiterated that Senator SP acted like a “landlord” and that he used people to buy votes.60 56. In general, Mr. Baraona’s statements indicated that Senator SP, acting like “a landlord,” put pressure on the authorities of the Los Lagos region - specifically, the SEREMI de Bienes Nacionales (Regional Secretariat of the Ministry of National Assets) the Regional Director of CONAF and the Provincial Director of CONAF - to allow the illegal occupation of properties and the illegal logging of alerce trees. These individuals denied receiving any pressure from Senator SP or from any other authority.61 57. In response to Mr. Baraona’s comments, Senator SP issued various statements to different press organizations denying the charges made by Mr. Baraona.62 For example, in the newspaper El Mercurio online he stated that he was the victim of a “character assassination” and that he detected a “media campaign in Baraona’s reasons for trying to involve [him] in influence peddling,” since this was useful to Mr. Baraona to attract foreigners for the sale of land. The senator also denied to various media outlets that he had any connection with alleged irregularities in the exploitation of alerce trees.63 E. Criminal proceedings for slander and serious insults brought against Carlos Baraona Bray Cf. Judgment of the Court of Guarantee of Puerto Montt, of June 22, 2004, supra. Cf. Judgment of the Court of Guarantee of Puerto Montt, of June 22, 2004, supra. 61 Cf. Judgment of the Court of Guarantee of Puerto Montt, of June 22, 2004, supra. 62 In an interview on May 23, 2004, published in the daily newspaper El Tercero, Senator SP states that he has “no connection with alleged irregularities in the alerce case and that there are people who want to establish an uncontrollable situation for the government in relation to the protection of the alerce.” A press release dated January 29, 2002, states that [Senator] SP alleged that “there are political motives – to end [his] career and leadership – behind the accusations linking him to the alerce case. As the visible head of this “political attack,” he pointed to the former CONAF lawyer, Carlos Baraona, against whom he filed a lawsuit for libel and slander.” Another article published in El Llanquihue on May 14, 2004, indicates that in a telephone conversation with said publication, Mr. SP “said he was completely unaware of the background or the accusations of the former CONAF lawyer, Carlos Baraona, whom he assured he does not know.” Another article in the same newspaper, dated May 21, 2004, states that Mr. SP “admitted being affected by the accusations made against him by the attorney Carlos Baraona, especially because he assured that he had nothing to do with the conflict”. Cf. Judgment of the Court of Guarantee of Puerto Montt, June 22, 2004, supra; press report dated January 29, 2002, supra; article published in El Llanquihue, on May 14, 2004 (evidence file, folios 67 to 68), and article published in El Llanquihue, on May 21, 2004 (evidence file, folio 87). 63 Cf. Judgment of the Court of Guarantee of Puerto Montt, of June 22, 2004, supra. 59 60 19