44 so that it could take action pursuant to its powers.104. (the highlighting appears in the original) 88(44) On August 24, 2000, the Military Supreme Court delivered judgment, in which it declared that “an evident error ha[d] been made that must be rectified, in accordance with Article 689 of the Code of Military Justice,” and that there were facts that “constituted the crime of terrorism, described and penalized in Decree Law No. 25,475, which corresponded to the ordinary jurisdiction.” Consequently: IT DECLARED: that only that part of the judgment [...] of January 30, 1996, which sentence[d] Lori Helene BERENSON MEJIA, to life imprisonment and payment of civil reparation, as perpetrator of the crime of treason was NULL; and WITHOUT GROUNDS the part of the judgment of the Military Judge of January 11, 1996, [...] which convict[ed] her as perpetrator of the same crime with the same penalty; and NULL that part of the order expanding the opening of investigation of December 1, 1995, which include[d] the said petitioner in the preliminary investigation for the crime of treason; IT AGREED: TO WAIVE COMPETENCE and TO DISQUALIFY ITSELF [...] in favor of the ordinary jurisdiction, only with regard to Lori Helene BERENSON MEJIA.”105 (the highlighting appears in the original) Criminal proceeding in the ordinary jurisdiction 88(45) On August 28, 2000, the Supreme Council of Military Justice forwarded to the Prosecutor General and President of the Executive Commission of the Attorney General’s office “certified copies of Case No. 032-TP-95, with 1,405 pages (2 tomes), tried in the military jurisdiction against the civilian, Lori Helene BERENSON MEJÍA and others, for the crime of treason, […] because [the special] appeal [for review of res judicata] had been declared admissible.”106 88(46) The same day, the Provincial Prosecutor ad hoc for cases of terrorism filed “Complaint No. 90-000-Pros. ad hoc Terrorism” against Lori Berenson, “as the alleged perpetrator of the crime […] against public peace – terrorism against the State; a crime defined and penalized in paragraphs (a), (b), (d), [and] (f) of art[icle] 4 and [Article] 5 of Decree Law 25,475.”107 This complaint accused Lori Berenson of “being a member of the M[RTA] terrorist group, with voluntary participation in this group, in the following acts of collaboration”: 88(4)(6.i) “[h]aving introduced herself as Pacífico Castrellón’s wife[, …] in order to lease the building located on Av. Alameda del Corregidor No. 1049-1051 […], which was raided because it was the center of operations of the said subversive group[, …] and having accompanied [Mr.] Castrellón to lease the building located on Calle Carlos Tenaut No. 154 Of. 204[,] Santiago de Surco”; 104 Cf. judgment handed down by the Plenary Chamber of the Supreme Council of Military Justice on August 18, 2000 (file of appendixes to the application, tome 2, appendix 16, folios 558 and 559; and file of probative evidence provided by the State, tome 5, folios 5505 to 5506). 105 Cf. judgment handed down by the Army’s Special Military Supreme Court on August 24, 2000 (file of appendixes to the application, tome 2, appendix 17, folio 560 to 562; and file of probative evidence provided by the State, tome 5, folios 5510 to 5512). 106 Cf. official communication No. 045 P-CSJM addressed by the President of the Supreme Council of Military Justice to the Prosecutor General and President of the Executive Commission of the Attorney General’s office on August 28, 2000 (file of probative evidence provided by the State, tome 5, folio 5515). 107 Cf. complaint No. 90-000 of the Provincial Prosecutor ad hoc for cases of terrorism of August 28, 2000 (file of probative evidence provided by the State, tome 5, folio 5518 and 5520).