2 norms for indicting and trying terrorists in the regular courts, but with the identity of the judges and prosecutors kept confidential; rules for the defense; rules for execution of sentence; and finally, visitation rules. Shortly thereafter, specifically on May 17, 1992, Decree-Law No. 25,499 called the Ley de Arrepentimiento [Repentance Act] was put into effect. It provided for reduced sentences, immunity and even pardons for those who, having engaged in the commission of crimes classified as terrorism, helped to combat it. Once Congress was installed, with Law No. 26,220 of August 19, 1993, other provisions were enacted to supplement the Repentance Act. Under Law No. 26,345, of August 31, 1994, terrorists were given until November 1, 1994, to avail themselves of the Repentance Act. Although these measures yielded results, terrorism continued to escalate and peaked in July 1992, when a car bomb exploded near an apartment building on Calle Tarata in the Miraflores district of Lima. Many people died in the fire that consumed the building. 6. Decree No. 25,659, which took effect on August 14, 1992, classified the crime of aggravated terrorism under the nomen iuris of treason, with a penalty of life imprisonment. Effective that date, the military courts had jurisdiction in such cases, starting with the examining phase. The new law also provided that judicial guarantees could not be invoked during either the investigation or trial phase. It is important to note that Law No. 26,248, in effect since November 26, 1993, once again made the remedy of habeas corpus available to those charged with treason. Under Decree-Law No. 25,148, in force since September 11, 1992, the crime classified in Decree Law No. 25,659 was to be prosecuted in the summary proceeding established by the Military Code of Justice. The judge of inquiry would have a maximum of 10 days in which to deliver a judgment. It also provided that motions to nullify rulings could be filed with the Supreme Court of Military Justice. In mid September of 1992, the ideologue and head of the Sendero Luminoso was captured. It was then that the criminal activities of that terrorist organization began to taper off. The same was not true, however, of the MRTA, which stepped up its terrorist activities with assaults and kidnappings. It remained active despite the arrest and trial of a number of its leaders. The MRTA seized the residence of Japan’s Ambassador in Lima and held hostage hundreds of people who were there for the reception to celebrate Japan’s national holiday in December of 1997. 7. Once the Constitutional Congress had completed its work and a referendum was held on the 1993 Constitution, the latter took effect on December 30, 1993. As with the 1979 Constitution, its fourth final provision reaffirmed Peru’s adherence to the provisions of the Convention. The 1993 Constitution makes a distinction between treason and terrorism, although both carry the death penalty (Article 140). However, it is careful not to deviate from the treaties to which Peru is party. Under the new Constitution, military courts continue to have jurisdiction over both crimes (Article 173). The distinction between the two crimes makes it possible to classify aggravated terrorism, one form of the more generic crime of terrorism, as treason.

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