sentence of 20 years for having violated the criminal code and decree law No. 25.475 which
came into force on May 6, 1992.
32. The petition states that Mrs. Mónica Feria was tried before the Superior Court in six
sessions that took place between March and June 1993. Finally, the petitioner states that on
June 18, 1993, the Superior Court acquitted her and she was released. However, following this
she claims that the Peruvian government appealed this finding before a faceless Supreme
Court which, on December 27, 1993, annulled the acquittal and ordered a new oral hearing to
take place. The petitioner states that the court based its finding on the argument that “…the
sentence before us does not effect a proper examination of the facts on which the acquittal
was based, nor is the evidence on which the acquittal is based sufficiently compelling to
establish the innocence or guilt of the accused…” Considering this, the petitioner alleges that it
amounts to “an infringement of the guarantee that a person shall not be subjected to a new
trial for the same cause, enshrined in Article 8(4) of the Convention.” Furthermore, the
petitioner states that annulling the acquittal and ordering a new oral hearing against her was a
pretext to influence the outcome of proceedings and “change the verdict to a guilty one.” The
petitioner states that since April 1992 the Peruvian State has had criminal proceedings open
against her with a warrant for her arrest, which was the basis of the request for her
extradition.
33. The petitioner argues that the faceless Supreme Court’s declaration of annulment is
unlawful and does not affect the res judicata of the acquittal judgment, on the grounds that
the acquittal was not based on the exhaustive assumptions envisaged in law; that there was
an implicit call for the acceptance of unlawfully acquired evidence; and that the ruling was
made outside the legal period and by a faceless Supreme Court, which was declared unlawful
by the Constitutional Court.
34. For her part, the petitioner states that during the period of her imprisonment, between
April 1992 and June 1993, she was granted only three 15-25 minute opportunities to speak to
her lawyer, each of these occasions under the strict supervision of the authorities. She alleges
that in spite of being accused of committing an act which allegedly took place before April 6,
1992 (specifically between the month of March and April 6, 1992), the charges against her are
based on the provisions of the Criminal Code, modified by Decree Law No 23475, dated August
5, 1992, which she alleges amounts to an imposition of ex post facto laws.
35. Once she was released, the petitioner states that she was harassed by policemen on two
occasions and was the victim of a series of death and torture threats. She alleges that as a
result of these incidents she was forced to leave Peru in August 1993, and since then has lived
in the United Kingdom where she was granted political asylum and has been receiving
treatment for tuberculosis 2 for over a year, which she claims she contracted during her
detainment. Furthermore, the information indicates that up to the date on which the petition
was lodged, the petitioner continued to suffer posttraumatic nervous disorders as a result of
the mistreatment she suffered at the hands of the Peruvian authorities.
36. The petitioner has filed additional allegations and provided a series of press cuttings as
evidence that while the criminal proceedings against her were still underway she was described
to the Peruvian and international press by high-ranking state authorities as “a terrorist,” thus
infringing her right to the presumption of innocence.
37. To conclude, the petitioner requests that this petition be declared admissible and the
responsibility of the Peruvian State established for the violation of the rights protected in
Articles 4 (Life), 5 (Humane Treatment), 7 (Personal Liberty), 8 (Fair Trial), 9 (Freedom from
Ex Post Facto Laws), 11 (Privacy), 13 (Freedom of Thought and Expression), 14 (Reply), and
25 (Judicial Protection) of the American Convention on Human Rights. With regard to the
requirements for the admissibility of the petition, the petitioner states that she is exempt from
2 The petitioner states in her document dated June 17, 1997 that the conditions in which she was detained brought on
a deterioration in her health until in November 1992 she was diagnosed with tuberculosis.
5