105. Regarding the appeal against the criminal judgment, Title IV of the 2000 Criminal Procedural Code establishes the “appeal for annulment” “to invalidate the oral trial and the final judgment, or only the latter, for the causes expressly indicated” in the code (infra paras. 271273). D) The criminal proceedings held against the presumed victims 1. The criminal proceedings against Lonkos Segundo Aniceto Norín Catrimán and Pascual Huentequeo Pichún Paillalao, and against Patricia Roxana Troncoso Robles Accusation 106. Segundo Aniceto Norín Catrimán and Pascual Huentequeo Pichún Paillalao, Lonkos of the communities of “Lorenzo Norín” of Didaico and “Antonio Ñirripil” of Telememu, respectively, and Ms. Troncoso Robles were subjected to criminal proceedings in which they were accused of committing the following offenses:110 a) b) c) d) The offense of “terrorist arson” based on fire that occurred on December 12, 2001, in the house of the administrator of the Nancahue forest farm; The offense of “threats of terrorist arson” based on threats to set fire to the Nancahue plantation “during 2001” to the detriment of the owners and administrators of this plantation; The offense of “terrorist arson” based on the fire that occurred on December 16, 2001, in the San Gregorio forestry plantation; The offense of “threats of terrorist arson” based on threats to set fire to the San Gregorio plantation “during 2001” to the detriment of the owners and administrators of this plantation. Investigation, confidentiality of proceedings and identities 107. An investigation was conducted during which the Public Prosecution Service decreed the confidentiality of some of the proceedings under article 182 of the Criminal Procedural Code and dictated measures to ensure the anonymity of witnesses pursuant to articles 15 and 16 of Law No. 18,314. This investigation was closed on August 24, 2002.111 Pre-trial detention and preceding detention 108. Mr. Norín Catrimán was detained on January 3, 2002, and subjected to pre-trial detention from January 11 that year until April 9, 2003. Mr. Pichún Paillalao was detained from December 21 to 24, 2001, and subjected to pre-trial detention from March 4, 2002, to April 9, 2003. Patricia Troncoso Robles was subjected to pre-trial detention from September 13, 2002, to February 21, 2003.112 110 Cf. Charges brought by the chief prosecutor of the local Prosecutor’s Office of Traiguén against Pascual Huentequeo Pichún Paillalao and Segundo Aniceto Norín Catrimán; charges brought by the chief prosecutor of the local Prosecutor’s Office of Traiguén against Patricia Roxana Troncoso Robles (file of helpful evidence presented by the State, folios 357 to 424); judgments handed down on April 14 and September 27, 2003, by the Angol Oral Criminal Trial Court (file of annexes to the Merits Report 176/10, annexes 15 and 16, folios 509 to 511 and 556 to 558). 111 Cf. Decisions issued on February 15, August 29, and September 3, 2002, by the Traiguén guarantees judge (file of annexes to the Merits Report 176/10, appendix 1, folios 4427 to 4434, 4408 to 4414 and 4424), and Note of August 24, 2002, issued by the Traiguén chief prosecutor in relation to the closure of investigation Ruc 0100083503-6 (file of annexes to the Merits Report 176/10, appendix 1, folios 4406 and 4407). 112 Cf. Certification issued on April 17, 2008, by the Traiguén Guarantees Court regarding the duration of the pre-trial detention of Patricia Roxana Troncoso Robles; Decision issued on March 4, 2002, by the Traiguén Guarantees Court “ordering the pre-trial detention” of Pascual Huentequeo Pichún Paillalao; Arrest warrant for Pascual Huentequeo Pichún Paillalao of December 21, 2001, signed by the Chilean Police Investigations Unit and addressed to the Traiguén Guarantees 38

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