29 Prosecutor’s Office and the company affected at close to six hundred thousand dollars, which at that 104 time was the equivalent of four hundred million Chilean pesos. 88. Messrs. Juan Patricio Marileo Saravia, Florencio Jaime Marileo Saravia, José Benicio Huenchunao Mariñán and Juan Ciriaco Millacheo Licán are members of the Mapuche indigenous group. Mrs. Patricia Roxana Troncoso Robles is a Chilean citizen who has been supportive of the Mapuche 105 indigenous people’s causes and has worked as a defender of their human rights. 89. The five petitioners: Juan Patricio Marileo, Florencio Jaime Marileo, José Benicio Huenchunao, Juan Ciriaco Millacheo and Patricia Roxana Troncoso, were charged with intentionally setting the fire at the Poluco-Pidenco tree farm and were tried as the authors of the crime of terrorist 106 arson. 2. Accusation brought by the Public Prosecutor’s Office and the private accusers 90. In the criminal case prosecuted against the petitioners, the accusing party was the Public Prosecutor’s Office, the Office of the Provincial Prosecutor of Malleco as a complainant, and the Mininco 107 Lumber Company S.A. as a private accuser. 91. In its indictment, the Public Prosecutor’s Office argued that the facts constituted the crime of arson criminalized under Article 476-3 of the Criminal Code, but committed as a terrorist act, according to the description contained in articles 1(1) and 2(1) of Chilean Law 18,314. The Public Prosecutor’s Office argued that the accused had been the material authors of the fire and therefore sought a sentence of 10 years and one day imprisonment for each, which was the middle range of the maximum sentence allowed. 3. The trial and conviction of the petitioners 92. The criminal trial was conducted by the Angol oral criminal trial court from July 29 to 108 August 17, 2004. The petitioners were convicted and sentenced to ten years and one day imprisonment, the middle range of the maximum sentence. As authors of the crime of terrorist arson under Law 18,314, they were disqualified from office or public service for life, stripped of their right to run for and be elected to office, and disqualified to work as licensed professionals for the duration of their sentence. They were also ordered to pay, jointly and severally, compensatory damages to the company 109 for a total of 424,964,798 Chilean pesos. 104 Verdict of the Angol oral criminal trial court, August 22, 2004, Consideranda two. Attached to the original petition that Juan Patricio Marileo Saravia, Florencio Jaime Marileo Saravia, Patricia Roxana Troncoso Robles, José Benicio Huenchunao Mariñán and Juan Ciríaco Millacheo Licán filed with the IACHR, April 13, 2005. 105 Original petition that Juan Patricio Marileo Saravia, Florencio Jaime Marileo Saravia, Patricia Roxana Troncoso Robles, José Benicio Huenchunao Mariñán and Juan Ciríaco Millacheo Licán filed with the IACHR, April 13, 2005. 106 Original petition that Juan Patricio Marileo Saravia, Florencio Jaime Marileo Saravia, Patricia Roxana Troncoso Robles, José Benicio Huenchunao Mariñán and Juan Ciríaco Millacheo Licán filed with the IACHR, April 13, 2005. Verdict of the Angol oral criminal trial court, August 22, 2004, consideranda 1. Attached to the original petition that Juan Patricio Marileo Saravia, Florencio Jaime Marileo Saravia, Patricia Roxana Troncoso Robles, José Benicio Huenchunao Mariñán and Juan Ciríaco Millacheo Licán filed with the IACHR, April 13, 2005. 107 Verdict of the Angol oral criminal trial court, August 22, 2004, Consideranda One. Attached to the original petition that Juan Patricio Marileo Saravia, Florencio Jaime Marileo Saravia, Patricia Roxana Troncoso Robles, José Benicio Huenchunao Mariñán and Juan Ciríaco Millacheo Licán filed with the IACHR, April 13, 2005. 108 Verdict of the Angol oral criminal trial court, August 22, 2004, Consideranda One. Attached to the original petition that Juan Patricio Marileo Saravia, Florencio Jaime Marileo Saravia, Patricia Roxana Troncoso Robles, José Benicio Huenchunao Mariñán and Juan Ciríaco Millacheo Licán filed with the IACHR, April 13, 2005. 109 Original petition that Juan Patricio Marileo Saravia, Florencio Jaime Marileo Saravia, Patricia Roxana Troncoso Robles, José Benicio Huenchunao Mariñán and Juan Ciríaco Millacheo Licán filed with the IACHR, April 13, 2005. Verdict of the Angol oral criminal trial court, August 22, 2004, Consideranda One. Attached to the original petition that Juan Patricio Marileo Saravia, Florencio Jaime Marileo Saravia, Patricia Roxana Troncoso Robles, José Benicio Huenchunao Mariñán and Juan Ciríaco Millacheo Licán filed with the IACHR, April 13, 2005.