36
under case file No. 723-93 before the National Corporative Superior Criminal
Chamber for Terrorism Cases of the Lima Superior Court of Justice,
corresponding to the first detention; this file had been mislaid (supra paras.
73(8) and ff.).61
73(31) The reconstruction of the file relating to the first detention was
ordered at the request of María Teresa De La Cruz Flores’ lawyers. Based on
this, the oral proceeding before the National Corporative Superior Criminal
Chamber for Terrorism Cases of the Lima Superior Court of Justice was
brought forward.62
73(32) On March 4, 1999, the National Corporative Superior Criminal
Chamber for Terrorism Cases of the Lima Superior Court of Justice delivered
judgment in case file No. 723-93, sentencing María Teresa De La Cruz Flores
to 10 years’ imprisonment for the crime of terrorism, in the category of
unlawful association, defined in the Penal Code.63
73(33) A judgment delivered by the Criminal Chamber on June 15, 2000,
decreed the annulment of the judgment of March 4, 1999, under Article 51 of
the Penal Code,64 because, in view of the judgment of November 21, 1996
(supra paras. 73(27) and 73(28)), there was a concurrence of criminal
proceedings.65
Other events leading up to the criminal proceedings against María Teresa De
La Cruz Flores
73(34) In at least four cases of physicians accused of the crime of
collaboration with terrorism, in similar circumstances to Mrs. De La Cruz
Flores, the legal figure of in dubio pro reo was applied. And, in the judgment
of June 8, 1998, delivered in case file No. 113-95, the file under which the
proceeding against Mrs. De La Cruz Flores was also being processed, the
figure of in dubio pro reo was applied to Drs. Richard Morales Torrín and
César Augusto Guerrero Caballero. The judgment delivered on January 5,
61
Cf. sworn written statement made by María Teresa De la Cruz Flores on May 28, 2004, before
notary public (file of appendixes to the brief answering the application and affidavits, folios 808 to 818).
62
Cf. sworn written statement made by María Teresa De la Cruz Flores on May 28, 2004, before
notary public (file of appendixes to the brief answering the application and affidavits, folios 808 to 818).
63
Cf. judgment delivered on March 4, 1999, by the National Corporative Criminal Chamber for
Terrorism Cases of the Lima Superior Court of Justice in file No. 723-93 (file of appendixes to the
application, appendix 27, folios 282 to 288).
64
Article 51 of the Peruvian Penal Code establishes: “If, following a conviction, another punishable
act of the same or a different nature is discovered, which was committed previously by the person who
has been convicted, and which merits a lesser penalty to the one imposed, whatsoever the circumstances,
the jurisdictional organ or the subjects of the proceeding shall request a certified copy of the judgment
and, based on this, the jurisdictional organ shall order the final dismissal of the case and order it to be
filed. If the punishable act discovered merits a more severe punishment than the one applied, the
convicted person shall be submitted to a new trial and the new penalty that corresponds shall be
imposed.”
65
Cf. judgment delivered by the Criminal Chamber of the Supreme Court of Justice on June 15,
2000 (file of appendixes to the application brief, appendix 28, folios 290 to 291).
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