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charged with terrorism, which was a usual practice used by the DINCOTE; and
introduced gradual modifications to the penitentiary system in connection with
inmates convicted of terrorism and high treason. Furthermore, in late 1997,
“faceless” courts were eradicated and a regular court system was set up in order to
try these crimes, with the creation of the Superior Corporate Court for Terrorism
(Sala Superior Corporativa para Casos de Terrorismo).
The most important features were the “ethereal and vague” description of the
crime of terrorism; the new system of penalties; the extension of police powers
beyond the control of judicial authorities or prosecutors; the modifications to
procedures such as the cut-down on the powers of the Public Prosecutor’s Office;
the obligation imposed on criminal judges obligation to report crimes and initiate
proceedings in all cases of terrorism; the imposition of summary proceedings; and
a judicial system administered through “faceless” courts.
The DINCOTE was a specialized unit reporting to the Peruvian National Police,
responsible for investigating events related to terrorism and the individuals
involved with these events. The police not only investigated the facts, directed the
investigations, was the prosecutor’s de facto superior in command, and extended
the terms to conduct the investigation, but also reached conclusions regarding the
investigation and determined the criminal classification applicable to the allegedly
committed offense. These powers were not properly controlled or supervised by the
Public Prosecutor’s Office or by the Judiciary, especially in times of “faceless”
judges. The Public Prosecutor’s Office grew down to be in charge of the formalities
of the investigation, which distorted its constitutional powers.
On January 3, 2003, the Constitutional Court passed judgment holding that in the
cases of the basic criminal description of terrorism contemplated in Article 2 of
Decree-Law No. 25.475, a new interpretation was to be made of the crime of
terrorism, in the sense that the perpetrator’s intent must be a requirement for the
commission
of
said
act,
without
this
reinterpretation
implying
the
unconstitutionality of the foregoing Article 2.
The judgment passed by the Constitutional Court triggered the enactment of a
number of Legislative Decrees. Among these was Legislative Decree No. 926, which
ordered the annulment of the proceedings started on the grounds of terrorism
before ordinary courts administered by “faceless” judges and prosecutors and of
the proceedings started on the grounds of terrorism in which the parties were
denied the possibility of making use of the challenges provided for in Article 13(h)
of Decree-Law No. 25.475, and which also introduced the possibility to declare the
unsustainability of the charges brought by the Superior Criminal Prosecutor’s
Office. It further established the standardization of proceedings, replacing the
procedural rules of Decree-Law No. 25.475 with Peruvian ordinary procedural
criminal rules.
Furthermore, Legislative Decree No. 926 of February 2003 established a sixty-day
term for the National Chamber for Terrorism (Sala Nacional de Terrorismo) to
declare the above-mentioned annulment. Upon the annulment of judgment and
trial, and once the charges brought by the Superior Prosecutor had been declared
unsustainable, the files would be immediately forwarded to the Superior Criminal
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