33 102. Víctor Ancalaf Llaupe is a member of the Mapuche indigenous people and a Werkén, or messenger, within his community. As the petitioners explained, the Werkén’s role is to be, among the leaders, the “messenger of the community or lof, which is the Mapuche’s traditional sociopolitical organization. As the Werkén, he is the messenger or spokesperson vis-à-vis other Mapuche communities and non-Mapuche society. The Werkén and the ‘Lonko’, or head of the community, are the 118 leaders of their group.” 103. The investigation of the case ended on April 17, 2003, and the bill of indictment came down on May 23, 2003, prepared by the Court Prosecutor of the First Prosecutor’s Office of the Concepción Court of Appeals. The indictment covered the three attacks mentioned in the complaint filed by the Governor’s Office. The Bío Bío Governor’s Office became a party to the case on June 3, 2003. 104. The trial of Víctor Ancalaf ended with a lower-court ruling dated December 30, 2003, in which he was sentenced to 10 years and one day imprisonment, the average maximum sentence. He was convicted of being the perpetrator of the terrorist offenses criminalized in Article 2(4) of Law 18,314, committed on September 29, 2001, and March 3 and 17, 2002. He was also sentenced to ancillary penalties: Ancalaf Llaupe was also sentenced to the ancillary penalties of complete disqualification for life from public office, public employment, and political rights as well as complete disqualification from titled professions for the duration of the conviction, and to the payment of costs. Furthermore, in accordance with Article 9 of the Constitution, the convict Ancalaf Llaupe is 119 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 that time. 120 105. Based on its assessment of the evidence, the Court concluded that the occurrence of the crime had been established: “The information outlined above, having been carefully examined, establishes that on Sunday, March 17 of this year, at around 10:30 p.m., on the stretch of the Guallalí public road at km 45, Las Juntas sector, Alto Bío Bío, in front of the Ralco Lepoy cemetery, a group of hooded individuals, one of whom was carrying a firearm, intercepted a 1996 Mack dump truck owned by Brotec, S.A., an ENDESA contractor, license plate NF-5514, driven by Marco Antonio Jofré Erices. The latter was driving west. The group of hooded individuals forced the driver to run by firing shots in the air, and then proceeded to break the lights and to throw a Molotov cocktail inside the truck’s cab, which was consumed in the blaze.”121 It then wrote that this was a terrorist crime: “The facts described in the preceding consideranda constitute the terrorist crime proscribed under Article 2(4) of Law No. 18,314, in relation to Article 1 of that legal text. The facts indicate that these actions were taken for the purpose of instilling in a portion of the population a well-founded fear of falling victims to such crimes, given the circumstances and the nature and effects of the means employed; it is obvious that everything was part of a premeditated plan to attack property belonging to third parties who are engaged in work related to 118 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. 3. Not contested by the State 119 The Commission takes note of the lack of clarity as regards the punishment of disqualification from public office which, in one part of the sentence is imposed for life, while in another it says that the penalty is for 15 years. 120 Conviction handed down by the Concepción Appeals Court on December 30, 2003. Supplied to the IACHR together with the record of the criminal case that the Chilean State prosecuted against Víctor Ancalaf on February 27, 2008. Consideranda 18. 121 Conviction handed down by the Concepción Appeals Court on December 30, 2003. Supplied to the IACHR together with the record of the criminal case that the Chilean State prosecuted against Víctor Ancalaf on February 27, 2008. Consideranda 14.