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

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