2. Application to this specific case 168. In order to decide the dispute in this case as to whether a law (Law No. 18,314) was applied to the eight presumed victims that was incompatible with Article 9 of the Convention, the Court finds it essential to rule on the arguments relating to whether the presumption of the intent “to instill […] fear in the general population” stipulated in article 1 of this law entails a violation of both the principle of legality and the presumption of innocence. 169. As indicated previously (supra para. 98), article 1 of Law No. 18,314 regulated the subjective elements of the offense as follows: Article 1. The offenses listed in article 2 shall constitute terrorist offenses when any of the following circumstances exist: 1. That the offense is committed in order to produce in the population, or in part of it, the justified fear of being a victim of offenses of the same type, due either to the nature and effects of the means used, or to the evidence that it is part of a premediated plan to attack a specific category or group of persons. Unless the contrary is verified, the intent of causing fear to the general population shall be presumed when the offense is committed using explosive or incendiary devices, weapons of great destructive power, toxic, corrosive or infectious substances or others that can cause major devastation, or by sending letters, packages or similar objects with explosive or toxic effects. 2. That the offense is committed to force decisions from the authorities or to impose demands. [Bold added] 170. The Court must decide whether the legal presumption of the subjective element of the definition emphasized in the said article 1, which establishes that, “unless the contrary is 166, and 601 to 624); statement made by expert witness Martin Scheinin before the Inter-American Court during the public hearing held on May 29 and 30, 2013, and UN Doc. A/HRC/16/51, December 21, 2010, Human Rights Council, Report of the Special Rapporteur for the promotion and protection of human rights and fundamental freedoms while countering terrorism, Martin Scheinin, Ten areas of best practices in countering terrorism, para. 27. 179 Nevertheless, numerous international instruments classify certain conducts as terrorist acts. This is the case of the Inter-American Convention against Terrorism, adopted on June 3, 2002, by the OAS General Assembly, which does not define terrorism, but considers as terrorist offenses those contained in ten international conventions on this matter. Article 2(1) (Applicable international instruments) of this Convention that: “For the purposes of this Convention, “offenses” means the offenses established in the international instruments listed below: a. Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on December 16, 1970. b. Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on September 23, 1971. c. Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, adopted by the General Assembly of the United Nations on December 14, 1973. d. International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations on December 17, 1979. e. Convention on the Physical Protection of Nuclear Material, signed at Vienna on March 3, 1980. f. Protocol on the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on February 24, 1988. g. Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done at Rome on March 10, 1988. h. Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, done at Rome on March 10, 1988. i. International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on December 15, 1997. j. International Convention for the Suppression of the Financing of Terrorism, adopted by the General Assembly of the United Nations on December 9, 1999. Cf. Inter-American Convention against Terrorism, AG/RES. 1840 (XXXII-O/02), adopted at the first plenary session on June 3, 2002. 59