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added a paragraph to Article 316 of the Penal Code, making justification of a
crime an aggravated crime, when its object is terrorism.
Legislative Decree No. 921 established the inclusion in Title II of the Code on
Execution of Sentences of a mechanism for reviewing life imprisonment
sentences, when the person convicted has been in prison for 35 years.
Finally, Law No. 27,837 of October 4, 2002, created the Special Commission
for Review of the Penal Code and special criminal laws, to carry out a reform
to correct some irrational aspects of the expansion of criminal law.
Nevertheless, there are still some secondary elements of the anti-subversion
legislation that merit specific review, particularly those relating to respect for
the principle of proportionality.
With regard to procedural matters, the judgment of the Constitutional Court
declared that all the trials carried out before military courts were
unconstitutional, as was the prohibition of the right to raise objections
established in Article 13(h) of Decree Law No. 25,475, and the
incommunicado of the detainee by order of the police, regulated by Article 12
(d) of Decree Law No. 25,475.
Also, in the Constitutional Court’s interpretation, the provision under which
the judge issues a detention order when the preliminary investigation order
has been issued (Article 13(a) of Decree Law No. 25,475), should be
understood in accordance with Article 135 of the Code of Criminal Procedure;
in other words, this order should not be issued mechanically or obligatorily,
but it must be ensured that the necessary requirements exist before
proceeding with this precautionary measure.
Moreover, as a result of this ruling, Legislative Decree No. 922 was issued,
which regulated the system for annulling proceedings for treason and
established procedural norms for trying crimes related to terrorism.
Legislative Decree No. 926 regulated the mechanism for annulling terrorism
trials that had been held in civilian courts, but with “faceless” prosecutors and
judges, and where the prohibition to raise objections established in Article
13(h) of Decree Law No. 25,475 had been applied.
Regarding the penitentiary system, Supreme Decree 003-2001-JUS of
January 9, 2001, modified the special prison regimes. For visits by next of kin
and friends, a face-to-face visit was permitted three days a week, for a period
of up to eight hours. Meetings and communication with the defense lawyer
were made face-to-face, private and confidential. Finally, as regards access to
the exercise yard and “corridors,” it was established that prisoners would only
be shut in between 9 p.m. and 6 a.m.
Supreme Decree 006-2001-JUS of March 23, 2001, granted the prison
administrators powers to limit and suspend some prisoners’ rights temporarily
(up to 120 days, which could be extended), with adequate justification.
The Constitutional Court established that Article 20 of Decree Law No. 25,475,
concerning compliance with the punishment of continuous solitary
confinement during the first year of detention and the prohibition to share