53 in the criminal case brought against a number of terrorist criminals. The IACHR observes that under Article 4, the following are acts of collaboration that carry a penalty of imprisonment for up to 20 years: Anyone who voluntarily obtains, seeks, gathers, or facilitates any type of good or means or performs any acts of collaboration of any kind that aid and abet the commission of the crimes covered under this decree law or the accomplishment of a terrorist group’s ends shall face imprisonment for no less than twenty years. The following are acts of collaboration: (a) providing documents and information concerning persons and assets, installations, public and private buildings and anything else that specifically aids or facilitates the activities of terrorist elements or groups. (b) turning over or using any type of housing or other means capable of hiding or being used to store weapons, explosives, propaganda, food supplies, medications or other property belonging to terrorist groups or their victims. (c) Knowingly transporting members of terrorist groups or persons associated with their criminal activities, and providing any type of assistance to help them escape. (d) Organizing indoctrination or training courses or centers for indoctrination and training of terrorist groups that operate under any cover; (e) The manufacture, acquisition, possession, theft, storage and provision of arms, ammunition, explosives, asphyxiating, toxic or flammable substances or any other item or substance that can cause death or injury. The possession or concealment of arms, ammunition, or explosives belonging to the Peruvian Armed Forces or National Police shall constitute an aggravating circumstance. (f) Any form of economic activity, assistance or mediation done of one’s own free will, for the purpose of financing the activities of terrorist elements or groups. 236. First, the Commission observes that Article 4 of Decree Law No. 25,475 describes numerous and varied criminal behaviors that constitute the crime of collaboration with terrorism. Nevertheless, in his decision the Provincial Prosecutor failed to specify which of these behaviors the alleged victim committed that qualified him to be deemed responsible for the crime. 237. The Commission notes that Article 4 of Decree Law No. 25475 does not list practicing or undertaking the legal defense of alleged criminal terrorists as a crime of collaboration. Furthermore, under Article 27(2) of the American Convention, the right of defense is not subject to derogation in emergency situations; hence, practicing or undertaking the legal defense of an alleged terrorist cannot be made a punishable criminal offense. The concept of due process of law expressed in Article 8 of the Convention should be understood as applicable, in the main, to all the judicial guarantees referred to in the American Convention, even during a 190 suspension governed by Article 27 of the Convention. 238. Peru’s 1993 Constitution, which is pre-eminent over any other Peruvian domestic law, provides in its Article 2(18) that every person has the right to keep private his political, philosophical, religious or any other convictions and to maintain professional confidentiality. Article 141 of the Code of Criminal Procedure states that “the following shall not be forced to make statements: 1) clerics, attorneys, physicians, notaries and obstetricians, regarding the secrets that have been disclosed to them in the practice of their profession.” 239. In its Second Report on the Situation of Human Rights in Peru (2000), the Commission pointed out that “the legal defense of individuals accused of having supported the armed dissident groups can in no case be considered by the authorities as an offense, but as part of a process provided for in the 190 Judicial guarantees in states of emergency (Arts. 27(2), 25 and 8 American Convention on Human Rights), Advisory Opinion OC9/87 of October 6, 1987. Series A No. 9, paragraph 29.

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