54 American Convention, and presumably in domestic law, for judging those who are effectively accused of violating the law.”191 240. As for right of defense exercised by attorneys representing persons accused of the crime of terrorism, in its 2000 Report on the Situation of Human Rights in Peru the Commission observed that it had received information indicating that human rights defenders were frequently “ victims of all types of attacks and harassment, including legal actions brought to intimidate them.” It also noted that some of these legal proceedings had not been initiated to determine rights and responsibilities pursuant to the purposes of the law, but as reprisal against defense counsel for persons accused of the crime of terrorism.192 In addition, the Commission has learned that after the promulgation of Law No. 25,475, the Anti-Terrorism Act, criminal proceedings have been brought against defense attorneys for the crimes of rebellion or forming illegal groups, leading to their detention. The Commission has received numerous complaints consistently indicating that far from being undertaken based on relevant evidence, such proceedings have apparently been sponsored by sectors of the security forces for the purpose of intimidating attorneys 193 willing to defend persons accused of terrorism. 241. After his visit to Peru in 1996, the United Nations Special Rapporteur on the Independence of Judges and Lawyers made the following comment The situation of lawyers defending victims of human rights violations or persons accused of terrorist-related activities or treason is reported to be particularly difficult. The Special Rapporteur was informed that in the past, many lawyers have been prosecuted for membership of the Democratic Lawyers' Association, alleged to be an organ of Sendero Luminoso. If true, these prosecutions would be in breach of principle 18 of the Basic Principles on the Role of Lawyers which provides that "lawyers shall not be identified with their clients or their clients' causes as a result of discharging their functions". The Special Rapporteur was furthermore informed about the circulation of lists with the name of lawyers whose backgrounds were being investigated by the military or civilian authorities, merely because they were defending persons accused of the crimes described. The investigation of lawyers by military or civilian authorities constitutes an act of 194 intimidation forbidden by principle 16 of the Basic Principles on the Role of Lawyers. 242. Recently, the Commission in its Second Report on the Situation of Human Rights Defenders in the Americas has stated expressly that: “The activities related to the defense of human rights of persons who belong 195 to groups named as terrorist should not be criminalized”. 243. Given the foregoing considerations, the Commission finds that the decision delivered by the Provincial Prosecutor on November 4, 1994, and confirmed by the Superior Prosecutor on November 9, 1994, was to exempt Mr. Galindo from punishment for having committed acts of terrorist collaboration, without specifying which of the behaviors criminalized in Article 4 of Decree Law 25.475 the alleged victim was said to have committed to make him guilty of the crime; in so doing, the State violated Article 9 of the American Convention, to the detriment of Mr. Galindo Cárdenas. 191 IACHR, Second Report on the Situation of Human Rights in Peru, OEA/Ser.L/V/II.106, Doc. 59 rev., June 2, 2000, CHAPTER II. ADMINISTRATION OF JUSTICE AND RULE OF LAW, paragraph 137, available at: http://www.cidh.org/countryrep/Peru2000en/TOC.htm . 192 IACHR, Second Report on the Situation of Human Rights in Peru, OEA/Ser.L/V/II.106, Doc. 59 rev., June 2, 2000, CHAPTER II. ADMINISTRATION OF JUSTICE AND RULE OF LAW, paragraph 134, available at: http://www.cidh.org/countryrep/Peru2000en/TOC.htm. 193 IACHR, Second Report on the Situation of Human Rights in Peru, OEA/Ser.L/V/II.106, Doc. 59 rev., June 2, 2000, CHAPTER II. ADMINISTRATION OF JUSTICE AND RULE OF LAW, paragraph 136, available at: http://www.cidh.org/countryrep/Peru2000en/TOC.htm. 194 UN Doc. E/CN.4/1998/39/Add.1 of February 19, 1998, Report of the Special Rapporteur on the Independence of Judges and Lawyers, Mr. Param Cumaraswamy, Report on the Mission to Peru, paragraph IV.2. 195 IACHR, Second Report on the Situation of Human Rights Defenders in the Americas, II. Obstacles faced by Human Rights Defenders. F.2. Restrictions to the registration and operation of civil society organizations, para. 178.