that, in the proceedings against Ms. J., the prosecutor had not yet prepared the indictment report
required by Decree-Law 25,475. Therefore, in compliance with the provisions of Legislative Decree
922 and “in order to avoid subsequent nullities,” the Chamber indicated that the proceedings should
be held according to “the ordinary proceeding established in the Code of Criminal Procedures.” 179
108. On January 7, 2004, the National Counter-terrorism Chamber joindered the file of the case
against Ms. J. with others in which the leader of Shining Path was also incriminated. 180 On
September 21, 2004, the Permanent Chamber of the Supreme Court ordered the issue of arrest
warrants against Ms. J., indicating that “her preventive detention ha[d] been ordered in order to
request her subsequent extradition, because she had been located in London.” 181
109. On November 29, 2004, the Second Supraprovincial Criminal Prosecutor issued a report in
which he requested the expansion of the complaint of April 28, 1992, indicating that Ms. J. “was
accused of being a member of the terrorist organization, Communist Party of Peru - Shining Path
[…], having been in charge of the process of writing, editing and coordinating with foreign
journalists the clandestine newspaper ‘El Diario,’ a written medium dedicated to disseminating the
terrorist activities of the said subversive organization.” The report established that the legal grounds
for the charges brought against Ms. J. were articles 316 (defense of the crime of terrorism) and 322
(membership in a terrorist group) of the 1991 Criminal Code. 182
110. On December 30, 2004, the Second Supraprovincial Criminal Court admitted the findings in
the prosecutor’s report and decided to expand “the order to open an investigation of [April 28,
1992,] by a decision of [October 28, 1992],” because “her criminal actions are codified within the
crime established in article [316] of the 1991 Criminal Code ([…] defense of the crime of terrorism)
and article 322 (membership in a terrorist group).” In addition, it annulled the mention of other
offenses in the order to open an investigation and its first expansion. 183
111. On September 29, 2005, the senior prosecutor of the Third National Superior Criminal
Prosecution Service issued a report in which he indicated that there were grounds to proceed to an
oral hearing. He charged Ms. J. with the crime of terrorism, specifically for the conducts established
in articles 316 and 322 of the Criminal Code, and requested 20 years’ imprisonment and civil
reparation of 30,000 million new soles to be paid together with the other accused, plus another
130,000 new soles “with regard to the crime [of apology of terrorism].” 184 In addition, he requested
the repetition of the order to find and arrest Ms. J., and established that “she should be declared in
contempt of court, if she insist[ed] in her refusal to abide by [the corresponding laws, and because]
it is not possible to hold the hearing if the accused is not present and, if she does not desist from
her refusal to obey the law she should be declared in contempt of court.” 185
179
Ruling of the National Counter-terrorism Chamber of May 20, 2003, in case file No. 35-93 (file of annexes to the
answering brief, annex 53, folios 3813 to 3816).
180
Cf. Decision of the National Counter-terrorism Chamber of January 7, 2004, in case file No. 35-93 (file of annexes to
the answering brief, annex 55, folio 3827).
181
Decision of the National Counter-terrorism Chamber of September 21, 2004 (file of annexes to the Merits Report,
annex 23, folio 286).
182
Cf. Report No. 118 of the Second Supraprovincial Prosecutor of November 29, 2004, in case file No. 641-03 (file of
annexes to the answering brief, annex 56, folios 3829, 3856, 3857 and 3863), and criminal complaint of April 28, 1992 (file of
annexes to the answering brief, annex 36, folio 3682).
183
Cf. Decision of the Second Supraprovincial Prosecutor of December 30, 2004, in case file No. 641-03 (file of annexes to
the answering brief, annex 57, folios 3889, 3900 and 3901).
184
Report No. 040-05-05-3FSPN-MP-FN of the Third National Superior Criminal Prosecutor of September 29, 2005 (file of
annexes to the answering brief, annex 58, folios 3906, 3907, 4085, 4087, 4088, 4089, 4090, 4092 and 4102).
185
Report No. 040-05-05-3FSPN-MP-FN of the Third National Superior Criminal Prosecutor of September 29, 2005 (file of
annexes to the answering brief, annex 58, folio 4102).
35