Charges 109. The Public Prosecution Service brought charges113 against Segundo Aniceto Norín Catrimán, Pascual Huentequeo Pichún Paillalao and Patricia Roxana Troncoso Robles, requesting the following punishments: for Mr. Norín Catrimán, ten years and one day of mid-level rigorous imprisonment, with the legal ancillary penalties and costs for the offense of terrorist arson of the San Gregorio plantation, plus five years and one day of rigorous imprisonment at the lowest level, with the legal ancillary penalties and costs for the offense of threat of terrorist attack against the owners and administrators of the San Gregorio plantation. With regard to Mr. Pichún Paillalao, it requested the punishment of ten years and one day of mid-level rigorous imprisonment, with the legal ancillary penalties and costs for the offense of terrorist arson of the house of the administrator of the Nancahue forest farm, plus five years and one day of rigorous imprisonment at the lowest level, with the legal ancillary penalties and costs for the offense of threat of terrorist attack against the owners and administrators of the Nancahue forest farm, and with regard to Ms. Troncoso Robles, it requested the same punishments for the same offenses as for the other two accused, but not for the offense of threats of terrorist attack against the owners and administrators of the San Gregorio plantation and the corresponding penalty. Oral trial 110. The oral trial began on March 31, 2003, and continued on April 2 and 9. The Public Prosecution Service, and the complainants the Office of the Regional Prefect for the Region XI (Araucanía), the Malleco Provincial Governor’s Office, and Juan Agustín Figueroa Elgueta, administrator of the Nancahue forest farm, appeared for the prosecution.114 The defense counsel of the defendants stated that the charges lacked factual grounds and were imprecise about the acts attributed to each of the accused; moreover, it was unclear in what capacity they took part in the acts. The defense also argued that the acts did not meet the necessary legal requirements to be classified as terrorist offenses under Law No. 18,314. 111. During the proceedings the evidence offered by the prosecution was submitted and authenticated. The defense counsel abstained from offering evidence during the proceedings.115 Court; Decision issued on December 21, 2001, by the Traiguén Guarantees Court regarding the detention of Pascual Huentequeo Pichún Paillalao; Decision issued el December 24, 2001, by the Traiguén Guarantees Court ordering the release of Pascual Huentequeo Pichún Paillalao because charges had not been brought against him; Arrest warrant for Segundo Aniceto Norín Catrimán of January 3, 2003, signed by the Chilean Police Investigations Unit addressed to the Traiguén Guarantees Court; Decision issued on January 3, 2002, by the Traiguén Guarantees Court regarding the detention of Segundo Aniceto Norín Catrimán; Decision issued on January 11, 2002, by the Traiguén Guarantees Court “maintaining the pre-trial detention” of Segundo Aniceto Norín Catrimán (file of annexes to the Merits Report 176/10, appendix 1, folios 4853, 4469 to 4481, 5037, 5038, 5040 to 5044, 5047 to 5053, 5071, 5072, 5075 to 5080, 5105 to 5127), and Judgment delivered on September 27, 2003, by the Angol Oral Criminal Trial Court (file of annexes to the Merits Report 176/10, annex 15, folio 553). 113 Cf. Charges brought by the head prosecutor of the Traiguén Local Prosecutor’s Office against Pascual Huentequeo Pichún Paillalao and Segundo Aniceto Norín Catrimán; Charges brought by the head prosecutor of the Traiguén Local Prosecutor’s Office against Patricia Roxana Troncoso Robles (file of helpful evidence presented by the State, folios 357 to 424), and Judgment delivered on April 14, 2003, by the Angol Oral Criminal Trial Court (file of annexes to the Merits Report 176/10, annex 16, folios 558 and 559). 114 Cf. Judgment of April 14, 2003, delivered by the Angol Oral Criminal Trial Court, third considerandum (file of annexes to the Merits Report 176/10, Appendix 1, folios 262 to 265). 115 Cf. Summary of recordings of the hearings in the oral trial held between March 31 and April 8, 2001, before the Angol Oral Criminal Trial Court (file of helpful evidence presented by the State, folios 425 to 444), and Judgment delivered on April 14, 2003, by the Angol Oral Criminal Trial Court, seventh considerandum (file of annexes to the Merits Report 176/10, annex 16, folio 566). 39