5. Unlawful association when its purpose is to commit offenses that should be classified as terrorist offenses in accordance with the preceding paragraphs and with article 1. Article 3. The offenses indicated in paragraphs 1 and 3 of article 2 shall be penalized with the punishments established for them in the Criminal Code, or in Law No. 12,927, as appropriate, increased by one, two or three levels. The offenses established in Article 2(2) shall be penalized with long-term rigorous imprisonment at any of its levels. If, as a result of such offenses, any of the crew or passengers of any of the means of transport mentioned in that paragraph should die or be seriously injured, the offense shall be considered as one of destruction and shall be penalized pursuant to Articles 474 and 475 of the Criminal Code, as appropriate, and the first paragraph of this article. The offenses indicated in article 2(4) shall be penalized with long-term rigorous imprisonment at any of its levels. The offense of unlawful association to commit acts of terrorism shall be penalized pursuant to articles 293 and 294 of the Criminal Code, and the punishments established therein shall be increased by two levels, in the cases of article 293 and by one level in those of Article 294. The provisions of article 294 bis of this Code shall also be applicable. Article 3 bis. In order to increase the punishments established in the preceding article, the court shall first determine the punishment that would have corresponded to the authors in the circumstances of the case if terrorist offenses had not been involved, and shall then increase it by the corresponding number of levels. Within the limits of the punishments that may be imposed, in addition to the general rules of the Criminal Code, the court shall give special consideration when making a final decision on the punishment, to any unnecessary cruelty used in the perpetration of the offense and the greater or lesser probability of the perpetration of other similar offenses by the accused, based on his record and personality, and the information arising from the proceedings on the circumstances and motives of the offense. […] Article 5. Notwithstanding the ancillary penalties that are in order under the general norms for those convicted of any of the offenses established in articles 1 and 2, they shall be subject to the disqualifications referred to in article 9 of the Constitution of the State. […] Article 7. The attempt to commit one of the terrorist offenses established in this law shall be penalized with the minimum punishment indicated by the law for the offense if it had been perpetrated. If that punishment has only one level, the provisions of article 67 of the Criminal Code shall be applied and the minimum level shall be imposed on the attempt. The genuine and serious threat of committing any of the above-mentioned offenses shall be punished as an attempt to commit it. Conspiracy to commit any of these offenses shall be penalized with the punishment corresponding to the perpetration of the offense, reduced by one or two levels. 99. In addition, article 10 established that investigations into acts classified as terrorist acts “shall be opened ex officio by the courts of justice or based on a report or a complaint, in accordance with the general norms, [or] can be opened by a request or complaint of the Minister of the Interior, of the Regional Prefects, the Provincial Governors, and the Garrison Commanders.” This article made certain provisions of Law 12,927 on State Security applicable, which referred back to procedural norms of the Code of Military Justice.105 100. The presumed victims in this case were convicted as perpetrators of terrorist offenses in application of Law 18,314 in force at the time of the acts for which there were tried (infra paras. 116, 118, 126, 128, 147, 150 and 151). 105 Cf. Decree 890 which “establishes the updated and rewritten text of Law 12,927, on State security” of August 26, 1975 (file of annexes to the CEJIL motions and arguments brief, annex B.4., folio 1845 to 1857). 36