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considering the way in which the category in question is treated in Peruvian
case law”;
f)
The “rules on collaboration” entered Peruvian legislation in 1987 with
“the law of the Congress of the Republic [No.] 24,651 [which] is exactly the
same as that contained in Decree Law [No.] 25,475”;
g)
“Any debate on the sufficiency or ambiguity of the rules under
discussion, should be conducted with reference to the 1997 United Nations
International Convention for the Suppression of Terrorist Bombing” which
contains five behaviors “that may be classified as terrorist,” including
“collaboration with terrorist organizations”; and
h)
When the proceeding against the alleged victim in the ordinary
jurisdiction commenced, “the courts had already established the possibility of
imposing sentences of less than the legal minimum.” The sentence imposed
on the alleged victim cannot be considered “the automatic result of the
application of Decree Law No. 25,475”.
Considerations of the Court
113.
Article 9 of the American Convention establishes that:
No one shall be convicted of any act or omission that did not constitute a criminal
offense, under the applicable law, at the time it was committed. A heavier penalty
shall not be imposed than the one that was applicable at the time the criminal offense
was committed. If subsequent to the commission of the offense the law provides for
the imposition of a lighter punishment, the guilty person shall benefit therefrom.
114. Lori Berenson was subjected to two criminal proceedings, one in the military
jurisdiction and the other in the civil jurisdiction. First, the Court will refer to the
application of the crime of treason in the military jurisdiction and, second, to the
crime of collaboration with terrorism applied in the ordinary criminal jurisdiction.
115. Articles 1, 2 and 3 of Decree Law No. 25,659, and Articles 2 and 3 of Decree
Law No. 25,475, define, respectively, the crimes of treason and of terrorism, and
establish the penalty corresponding to each. The crime of collaboration with
terrorism and its corresponding penalty are established in Article 4 of Decree Law
No. 25,475.
116.
It is relevant to emphasize that:
i)
According to Article 2 of Decree Law No. 25,475, anyone who “incites,
creates or maintains a state of anxiety, alarm or fear among the population or
a sector of it” or who “carries out acts against life, personal safety [...] or
patrimony, against the security of public buildings, highways [...], energy
towers [...] or any other property or services, using weapons, explosive
materials or devices, or any other means of causing commotion or serious
disturbance of the public order” commits the crime of terrorism;
ii)
According to Article 1(a) of Decree Law No. 25,659, anyone who
executes “the acts established in Article 2 of Decree Law No. 25,475, using
the following methods: [...]car bombs or similar, explosive devices, weapons
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