32
judges are required to examine the complete body of evidence, they are not bound to examine each and
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every exhibit in the case file .
99.
Finally, concerning the argument claiming an erroneous application of the law when
classifying the crimes as terrorist offenses and the claim that the petitioners were blamed for the acts of
third parties, the Appeals Court concluded that “in its August 22, 2004 ruling, the Angol Trial Court did
not violate the provisions that the complainants are claiming, inasmuch as it fully applied the provisions
of Law 18,314 and the presumptions established therein, which were the accusations brought by the
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Public Prosecutor’s Office and the Mininco Lumber Company, S.A.”
D.
The criminal prosecution and conviction of Werkén Víctor Ancalaf Llaupe
1.
The events that led to Víctor Ancalaf’s criminal prosecution
100. On the night of March 17, 2002, a truck belonging to the firm BOTEC, a contractor for the
ENDESA Enterprise, was traveling along the “Guayali road” in the Alto Bío Bío sector, carrying material
for the construction of the Ralco Dam, when it was stopped by a group of five persons, wearing hoods.
One of the five was carrying a firearm. The hooded persons forced the truck driver to get out of the truck,
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after which they hurled a Molotov cocktail inside the truck, which was destroyed in the blaze.
101. On March 19, 2002, the Governor of the Province of Bío Bío filed a complaint with the
Concepción Appeals Court based on Article 10 of Law 18,314, and requested that a judicial inquiry be
instituted to investigate and punish the party responsible for the attack on the BROTEC truck, which he
described as a terrorist attack. When he filed this complaint, the Governor also made reference to two
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previous attacks on cargo vehicles, one on September 29, 2001, and the second on March 3, 2002.
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Decision of the Temuco Appeals Court, dated October 13, 2004, 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. Consideranda One of that decision summarizes the grounds for
nullification that the complainants invoked: “That the grounds cited in the various motions filed by JOSE HUENCHUNAO MARIÑAN,
PATRICIA ROXANA TRONCOSO ROBLES, JUAN PATRICIO MARILEO SARAVIA, JOSE FLORENCIO JAIME MARILEO
SARAVIA and JUAN CIRIACO MILLACHEO LICAN seeking to have their convictions overturned, include the one contemplated in
Article 374-e) in relation to Article 342-c, all provisions of the Code of Criminal Procedure, by virtue of the fact that the lower court
failed to weigh relevant evidence, thereby violating that article of the Code of Criminal Procedure, both with respect to the evidence
introduced by the public prosecutor and the evidence introduced by the defense in each particular case. The motion filed by JUAN
CIRIACO MILLACHEO LICAN also claimed that the way in which a portion of the testimony was assessed was a violation of the
principles of logic and experience, since he claimed there was contradiction in the assessment of the testimony given by JUAN
IGNACIO QUEIPUL LEVINAO who in Consideranda 17 incriminates JUAN CIRIACO MILLACHEO LICAN when, according to the
complainant, it was clear that he did not know the accused, since he was unable to recognize him at the hearing and identified him
as the one wearing a green jacket, when he was actually wearing a blue jacket.”
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Decision of the Temuco Appeals Court, dated October 13, 2004, 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. Consideranda One of that decision summarizes the grounds for
nullification that the complainants invoked: “That the grounds cited in the various motions filed by JOSE HUENCHUNAO MARIÑAN,
PATRICIA ROXANA TRONCOSO ROBLES, JUAN PATRICIO MARILEO SARAVIA, JOSE FLORENCIO JAIME MARILEO
SARAVIA and JUAN CIRIACO MILLACHEO LICAN seeking to have their convictions overturned, include the one contemplated in
Article 374-e) in relation to Article 342-c, all provisions of the Code of Criminal Procedure, by virtue of the fact that the lower court
failed to weigh relevant evidence, thereby violating that article of the Code of Criminal Procedure, both with respect to the evidence
introduced by the public prosecutor and the evidence introduced by the defense in each particular case. The motion filed by JUAN
CIRIACO MILLACHEO LICAN also claimed that the way in which a portion of the testimony was assessed was a violation of the
principles of logic and experience, since he claimed there was contradiction in the assessment of the testimony given by JUAN
IGNACIO QUEIPUL LEVINAO who in Consideranda 17 incriminates JUAN CIRIACO MILLACHEO LICAN when, according to the
complainant, it was clear that he did not know the accused, since he was unable to recognize him at the hearing and identified him
as the one wearing a green jacket, when he was actually wearing a blue jacket.”
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Original petition that Víctor Ancalaf Llaupe, 69 authorities, leaders, and members of the Mapuche indigenous people
and three attorneys filed with the IACHR, received May 20, 2005. Not contested by the State
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Original petition that Víctor Ancalaf Llaupe, 69 authorities, leaders and members of the Mapuche indigenous people
and three attorneys filed with the IACHR, received May 20, 2005, p. 4. Not contested by the State.