112. On January 24, 2006, the National Criminal Chamber declared that there were grounds to proceed to an oral hearing “[f]or the offense of apology of terrorism […], and for the crime of terrorism,” “codified in articles 316 and 322 of the 1991 Criminal Code” against Ms. J. The Chamber set February 10, 2006, as the date for the start of the oral hearing and appointed a defense counsel ex officio [for Ms. J. together with those other accused who were absent]. It also ordered the repetition of “the warrants to locate and arrest [Ms. J.].” 186 113. On May 25, 2006, the National Criminal Chamber handed down a guilty verdict against several of the accused and reserved the “sentence against [Ms. J.] until she ha[d] been […] arrested and brought before the competent judicial authority.” This guilty verdict also contained other decisions concerning other persons who had been tried under the same case file as Ms. J. 187 As of that moment, on different occasions, orders have been given to hold in reserve the 188 J. was declared to be in proceedings against Ms. J. and the other accused who are absent. 189 and on November 5, 2007, an international warrant was issued for to locate contempt of court, and arrest Ms. J. 190 According to the State, in the proceedings against Ms. J., the oral hearing is pending so that, thereafter, the National Criminal Chamber may issue the respective first instance judgment. There is no record that Ms. J. has appealed or acted at any stage of the criminal proceedings. E.5 The departure of Ms. J. from Peru and the extradition process 114. On August 9, 1993, following her release (supra para. 104), Ms. J. filed a complaint before the Public Prosecution Service that, following the decision to acquit her, she and her family had been the victims of threats and had been followed by unknown individuals, as well as by presumed police agents. 191 On August 12, Ms. J. asked the Prosecution Service to “provide her with the pertinent guarantees.” 192 According to J.’s mother, owing to these “incidents of harassment,” J. left Peru on August 16, 1993. 193 On September 30, 1993, Ms. J. arrived in the United Kingdom of Great Britain and Northern Ireland (hereinafter “the United Kingdom”) and, on October 13, 1993, she requested asylum. 194 When she arrived in the United Kingdom, J. had tuberculosis, which she 186 Decision of the National Criminal Chamber of January 24, 2006 (file of annexes to the answering brief, annex 60, folios 4123 to 4125). 187 Cf. Judgment of the National Criminal Chamber of May 25, 2006, case file 89-93 (file of annexes to the answering brief, annex 61, folios 4218 and 4219). 188 Cf. Judgment of the National Criminal Chamber of October 4, 2006, case file 89-93 (file of annexes to the Merits Report, annex 18, folio 267); Note of the National Criminal Chamber to the representative of the Judiciary before the National Human Rights Council of April 17, 2007 (file of annexes to the Merits Report, annex 22, folio 281); Decision of the National Criminal Chamber of January 24, 2007 (file of annexes to the answering brief, annex 62, folio 4221); Judgment of the National Criminal Chamber of July 3, 2007 (file of annexes to the answering brief, annex 63, folios 4249 and 4250), and Judgment of the National Criminal Chamber of July 17, 2007 (file of annexes to the Merits Report, annex 20, folio 275). 189 Cf. Ruling of October 29, 2007, of the National Criminal Chamber (file of annexes to the State’s brief of August 14, 2013, folio 5598). 190 Cf. Note No. 89-93/SA-SPN of the National Criminal Chamber to the Executive Director of OCN-INTERPOL Lima dated November 5, 2007 (file of annexes to the State’s brief of August 14, 2013, folio 5594). 191 Cf. Complaint by Ms. J. before the Public Prosecution Service of August 9, 1993 (file of annexes to the motions and arguments brief, annex 9, folios 3027 to 3030). 192 Request to the Prosecutor General’s Office dated August 12, 1993 (file of annexes to the motions and arguments brief, annex 10, folio 3034). 193 Cf. Affidavit prepared by J.’s mother on June 13, 2006, for the case of the Miguel Castro Castro Prison (file of annexes to the motions and arguments brief, annex 1, folio 3004); Statement of J.’s sister during the public hearing held in this case, and Note No. 13-95 SPN of the National Criminal Chamber of January 14, 2009 (file of annexes to the representative’s final written arguments and to the brief of June 24, 2013, folio 5036.4). 194 Cf. Identity document issued to Ms. J. by the Immigration and Nationality Directorate (file of annexes to the motions 36

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents