40
116. The Commission’s first reference to the violation of Article 9 of the Convention
was in its final pleading. The fact that it did not do so in its original application does
not preclude the Court from examining that allegation during the proceedings on the
merits, in accordance with the principle of iura novit curia.88
117. In its definition of the crime of treason, Article 1 of Decree-Law No. 25,659
refers to Article 2 of Decree-Law No. 25,475, which sets forth the sentencing
guidelines for terrorism crimes and procedure for the police investigation, judicial
inquiry and trial of persons who commit terrorism.
118. Article 3 of Decree-Law No. 25,659 provides that “[t]he penalty for the crime
of treason […] shall be the one stipulated in Article 3, subparagraph a) of DecreeLaw No. 25,475,” which is life imprisonment.
119. The Court notes that the criminal offenses classified in Decrees-Laws 25,475
and 25,659 -terrorism and treason- are similar in certain fundamental respects. As
the parties have acknowledged, the crime called treason is “aggravated terrorism,”
regardless of the label the lawmaker chose to give it. In an earlier ruling, this Court
held that “[b]oth Decrees-Laws refer to actions not strictly defined, so that they may
be interpreted similarly within both crimes, in the view of the Ministry of the Interior
and the corresponding judges and […] of the Police (DINCOTE) itself.”89 The fact
that both have certain elements in common and the vague distinction between the
two categories of crime is prejudicial to the defendants’ legal situation on several
counts: the applicable penalty, the court with jurisdiction, and the nature of the
proceedings. Under Peruvian law, this criminal conduct is classified as treason and
persons charged with this crime are to be tried by a “faceless” military tribunal. The
trials will be summary proceedings in which the defendant will have fewer
guarantees and, if convicted, will be sentenced to life imprisonment.
120.
The Court has held that
[t]he meaning of the word “laws” in the context of a system for the protection
of human rights cannot be disassociated from the nature and origin of that
system. The protection of human rights, particularly the civil and political
rights set forth in the Convention, is in effect based on the affirmation of the
existence of certain inviolable attributes of the individual that cannot be
legitimately restricted through the exercise of governmental power. These are
individual domains that are beyond the reach of the State or to which the State
has but limited access. Thus, the protection of human rights must necessarily
comprise the concept of the restriction of the exercise of state power.90
121. The Court considers that crimes must be classified and described in precise
and unambiguous language that narrowly defines the punishable offense, thus giving
full meaning to the principle of nullum crimen nulla poena sine lege praevia in
criminal law. This means a clear definition of the criminalized conduct, establishing
its elements and the factors that distinguish it from behaviors that are either not
punishable offences or are punishable but not with imprisonment. Ambiguity in
describing crimes creates doubts and the opportunity for abuse of power, particularly
when it comes to ascertaining the criminal responsibility of individuals and punishing
88.
89.
Cf. Blake Case, supra note 4, para. 112.
Cf. Loayza Tamayo Case, supra note 4, para. 68.
90.
Cf. The Words “Laws” in Article 30 of the American Convention on Human Rights, Advisory
Opinion OC-6/86 of May 9, 1986. Series A No. 6, para. 21.