soles (Peruvian currency) as civil damages. He filed a special annulment remedy against this conviction in which, in spite of contradictory statements from witnesses who did not incriminate him, the Permanent Criminal Chamber of the Supreme Court, in a judgment of December 22, 2004, dismissed those statements made by witnesses that raised doubts about his having committed the crime of collaboration in terrorist acts,4 paying attention solely to the testimony made against him in order to secure his conviction. He reports that this judgment upheld the conviction of the ten-year prison sentence imposed by National Terrorism Chamber but annulled the fine of 1000 nuevos soles in damages in order to satisfy the principle of favorability in criminal law, since pursuant to the criminal legislation in force at the time the punishable action was committed, an additional fine was not established. The petitioner reports that subsequently, in a judgment of January 24, 2005, the Specialized National Criminal Chamber for terrorism crimes ordered that the writ of execution be issued and that the alleged victim be notified, which took place on February 4, 2005. 24. In his complaint, the petitioner stresses that despite the police statements given by certain witnesses during his criminal trial, the Permanent Criminal Chamber of the Supreme Court of Justice maintained that Mr. Luis Williams Pollo Rivera “rendered support to Shining Path through his medical knowledge and, essentially, undertook a series of tasks for the Health Sector of Popular Socorro in order to promote the activities and goals of the terrorist organization (providing food and medical supplies).”5 25. The petitioner further points the Peruvian State’s failure to comply with the terms of the judgment issued on November 18, 2004 by the Inter-American Court of Human Rights in the case of De La Cruz Flores v. Peru, regarding the international prohibition of criminalizing medical acts and of criminalizing the failure of attending physicians to report the criminal actions of their patients.6 In connection with this, the petitioner claims that the Criminal Chamber of the Supreme Court distorted the interpretation of this jurisprudence to convict him by stating that: “The charges against the defendant Polo Rivera or Pollo Rivera are not centered on the fact that he circumstantially and in isolation attended to patients whose circumstances indicated they were involved in terrorism crimes, much less for not having reported them – facts which, incidentally, he categorically denies; rather, they center on the fact that he was associated or related, as a clandestine collaborator, with the reasoning behind the actions of the terrorist organization “Sendero Luminoso,” taken in pursuit of its ends. In his position, the accused assisted and intervened in the reiterated, organized, and voluntary tasks of supporting Shining Path’s sick and wounded by rendering medical assistance – the analysis of which cannot be conducted in isolation, but rather in light of the series of actions specifically carried out and proven – and also by providing drugs and other forms of care to the organization’s sick and wounded – and with whom he was put in contact by the organization, or about whose condition and location he was informed by them, they did not come to him on an emergency basis and for the sole purpose of medical attention – and by maintaining the support organization structured for that purpose. Indeed, with that aim, as already noted, he tried to convince one female member not to leave the group. In those circumstances, the actions of the accused were of course related to the aims of the terrorist organization – keeping its members operational so they could carry out terrorist acts – based on a functional adaptation to its needs and thereby significantly favoring the actions of “Shining Path.”7 The petitioner notes that the Criminal Chamber of the Supreme Court also stated that this “complemented the definition of the crime of terrorist collaboration and established that the crime was not the act of practicing medicine, without that hindering the analysis of those who knowingly and voluntarily assist in various tasks regarding the health apparatus of a terrorist organization.”8 The petitioner cites the contradictions in the testimony he believes exist in the judgment of the Lima Supreme Court of Justice, at pages 35 and 36. 5 The petitioner refers to the fifth “whereas” clause of the judgment handed down by the Supreme Court’s Criminal Chamber on December 22, 2004. 6 I/A Court H.R., Case of María Teresa de la Cruz Flores. Judgment of November 18, 2004, Series C No. 115, paragraph 102. 7 The petitioner refers to the seventh “whereas” clause of the judgment handed down by the Supreme Court of Justice on December 22, 2004. 8 Ibid., ninth “whereas” clause. 4 4