96
*
*
210. In light of the above, since the alleged victim was sentenced as the result of a
civil trial, during which it has not been considered that Article 8 of the American
Convention was violated, the Court considers that it is not in order for it to require
Lori Berenson’s liberation.
XI
ARTICLES 7 AND 11 OF THE AMERICAN CONVENTION
(RIGHT TO PERSONAL LIBERTY AND RIGHT TO PRIVACY)
211. Regarding Articles 7 and 11 of the Convention, the representatives of the
alleged victim argued that:
a)
“The failure of Decree Law [No.] 25,475 to describe the crime of
terrorism sufficiently clearly and specifically, so as to explain what is
prohibited to the police, the prosecutors, the courts and the public[,] violates
Article 7 [of the American Convention,] since there is no clear definition of
what constitutes the criminal conduct”;
b)
Decree Law No. 25,475 “does not define the criminal acts clearly[;
this] makes it impossible for the State of Peru to inform the defendant […]
about the relevant provisions of the Constitution or the laws enacted pursuant
to them;”
c)
The State violates the right to personal liberty established in Articles
7(2) and 7(4) of the Convention when “it deprives any person of their
physical liberty or detains a person under Decree Law [No.] 25,475”;
d)
The public hearing stage of the civil trial began on March 20, 2001, a
delay which violated “Articles 7(4) and 8(2)(b) of the Convention”; and
e)
Former President Fujimori “had already used Lori Berenson for political
ends during the scandalous electoral campaigns of April and May, 2000.” The
alleged victim “was the ‘symbol fabricated’ by Fujimori’s hard stance on
terrorism, in clear violation of the rights conferred on her by Articles 5(1),
5(2), 11(1), 11(2) and 11(3) of the American Convention”.
Considerations of the Court
212.
Article 7 of the American Convention establishes that:
1.
Every person has the right to personal liberty and security.
2. No one shall be deprived of his physical liberty except for the reasons and under the
conditions established beforehand by the constitution of the State Party concerned or by
a law established pursuant thereto.
[…]
4. Anyone who is detained shall be informed of the reasons for his detention and shall
be promptly notified of the charge or charges against him.
[…]
213.
Article 11 of the American Convention stipulates:
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