19
The offenses referred to in the paragraph above shall always be considered common, not political,
crimes for all legal effects and shall not qualify for an individual pardon, except to commute a
sentence of death to one of life imprisonment.
55.
Law 18,314 prescribes more severe penalties than those prescribed for common crimes;
it states that those who engage in the behaviors punishable under that law shall have their political rights
restricted; it further provides that preventive detention of the detained shall only be permissible by a
unanimous vote of the judges on the appellate tribunals; it permits longer periods of preventive detention
and allows the inquiries to be conducted in secret for up to six months; it also allows tapping of
telephone conversations and provides for restricted visiting privileges, among other measures.
56.
The following are the relevant provisions of the Anti-Terrorism Act. Articles 1 and 2 of
Law 18,314, as amended by 1991 Law No. 19,027, read as follows:
Article 1. The offenses listed in Article 2 constitute terrorist offenses when any of the following
circumstances apply:
1a The offense is committed with the intention of instilling in the population or in a portion thereof a
well-founded fear of becoming victim to similar crimes, either due to the nature and effect of the
methods used or evidence suggesting that it is part of a premeditated plan to attack a specific
category or group of people.
The intent of instilling fear among the general population shall be presumed, unless there is
indication to the contrary, when the offense was committed by means of explosive or incendiary
devices, weapons with great destructive power, toxic, corrosive or infectious agents, or other
agents that could cause great havoc, or by mailing letters, packages or the like with explosive or
toxic effects.
2a The offense is committed for the purpose of pressuring authorities to make certain decisions or
imposing demands.
Article 2: The following crimes shall constitute terrorist offenses when any of the conditions
indicated in the previous article is present:
1.
The crimes of homicide, punishable under articles 390 and 391; crimes of felonious
assault, punishable under articles 395, 396, 397 and 399; kidnapping crimes, either by locking up
or detaining a person or holding a person hostage, and abduction of minors, punishable under
articles 141 and 142; the crimes of mailing explosive devices, punishable under Article 403 bis; the
crimes of arson and vandalism, punishable under articles 474, 475, 476 and 480; violations of
public health covered in articles 313(d), 315 and 316; the crime of derailing, punishable under
Articles 323, 324, 325 and 326, all articles in the Criminal Code. l
2.
Seizing or attacking a boat, aircraft, railway, bus or other means of public transportation in
service, or engaging in acts that threaten the life, physical safety or health of its passengers or
crew.
3.
An attempt on the life or physical integrity of the Head of State or other political, judicial,
military, police or religious authority or internationally protected persons, by virtue of their office.
4.
Placing, tossing, or shooting bombs or explosive or incendiary devices of any type that
affect or could affect personal safety or cause harm.
5.
Unlawful association for the purpose of committing crimes that qualify as terrorism under
the preceding subparagraphs and Article 1.
When committed by an unlawful terrorist organization, the crimes of kidnapping, either by locking
up or detaining a person or holding a person hostage, and abduction of minors, set forth in articles
141 and 142 of the Criminal Code, shall always be regarded as terrorist offenses.”
57.
For its part, Article 7 of Law 18,314 provides the following with regard to attempts or
threats to commit the offenses classified as terrorism under that law: