22 67. The preventive detention of Aniceto Norín and Pascual Pichún was reviewed by the courts on several occasions, but was always upheld both by the Traiguén judge charged with protecting 81 the rights and guarantees of persons under investigation and by the Temuco Appeals Court. 3. The Public Prosecutor’s indictment 68. The Public Prosecutor’s Office and the complainants brought charges against Aniceto Norín and Pascual Pichún for their aforementioned joint criminal responsibility –together with Patricia Troncoso- as authors of the crimes of terrorist arson at the home of Juan Agustín Figueroa Elgueta and of threatening the owners and managers of the Nancahue Tree Farm; they also charged Aniceto Norín – together with Patricia Troncoso- with the crimes of terrorist arson at the San Gregorio property, and threatening the owners and managers of that property with terrorist arson. 69. The accusers’ position was that these were terrorist crimes under Law 18,314, “as the fires and threats were committed with the intention of instilling in the population or in a portion thereof a well-founded fear of becoming victim to similar crimes, either due to the nature and effect of the methods used or evidence suggesting that it was part of a premeditated plan to attack a specific category or group of people; the intent of instilling fear among the general population shall be presumed, unless there is indication to the contrary, when the offense was committed by means of explosive or incendiary 82 devices.” They therefore requested that Article 2(1) of Law 18,314 be applied, in relation to the types of fires indicated in Article 476 of the Criminal Code; they requested enforcement of Article 7 of Law 18,314 in the case of the threats. In the bill of indictment, the Public Prosecutor sought penalties of 5 years and one day for the crime of threatening a terrorist assault, and 10 years and one day for the 83 crime of terrorist arson, together with the accessory penalties and fines required under the law. 4. The trial and first verdict –acquittal- delivered by the Angol oral criminal trial court 70. Oral arguments in the case against Pascual Pichún, Aniceto Norín and Patricia Troncoso 84 were conducted on March 31 and April 2 to 9, 2003. The Angol oral criminal trial court delivered its 85 verdict of acquittal on April 14, 2003. 71. The evidence introduced during the trial included two anonymous witnesses. When they testified in court at the public hearing, they were behind a screen, invisible to everyone in the courtroom except the judges. The defense attorneys representing the defendants were told the identity of these witnesses and were allowed to cross examine them during the proceedings; nevertheless, the Court gave instructions that the attorneys were not to reveal the identity of the two anonymous witnesses to 86 the defendants. 81 Original petition that Aniceto Norín Catrimán filed with the IACHR, received on August 15, 2003, p. 7. Original petition that Pascual Pichún Paillalao filed with the IACHR, received on August 15, 2003, p. 3. Not contested by the State. 82 Verdict of the Angol oral criminal trial court dated April 14, 2003, consideranda 3. Attached to the original petitions that Aniceto Norín and Pascual Pichún filed with the IACHR, received on August 15, 2003. 83 Original petition that Aniceto Norín Catrimán filed with the IACHR, received on August 15, 2003, p. 7. Original petition that Pascual Pichún Paillalao filed with the IACHR, received on August 15, 2003, p. 3. Verdict of the Angol oral criminal trial court dated April 14, 2003, consideranda 3. Attached to the original petitions that Aniceto Norín and Pascual Pichún filed with the IACHR, received on August 15, 2003. 84 Verdict of the Angol oral criminal trial court, April 14, 2003, Consideranda 1. Attached to the original petitions that Aniceto Norín and Pascual Pichún filed with the IACHR, received on August 15, 2003. 85 Verdict of the Angol oral criminal trial court, April 14, 2003, Consideranda 1. Attached to the original petitions that Aniceto Norín and Pascual Pichún filed with the IACHR, received on August 15, 2003. 86 Original petition that Aniceto Norín Catrimán filed with the IACHR, received on August 15, 2003, pp. 7-8. Original petition that Pascual Pichún Paillalao filed with the IACHR, received on August 15, 2003, pp. 4-5. Not contested by the State.