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terrorist nature, stipulated a new criminal procedure for terrorism cases and
regulated penitentiary matters.
Subsequently, modifications were introduced, the most important ones were:
in 1993 and 1994, the possibility of unconditional release during the first
stage of the judicial proceeding was introduced (previously it had been
virtually prohibited); the admissibility of actions for protection, such as
habeas corpus, which had also been prohibited previously in terrorism cases,
was established; the presentation to the public of those detained for
terrorism, which had been a practice of the National Counterterrorism
Directorate (hereinafter “DINCOTE”), was prohibited; a progressive
modification of the penitentiary regime was introduced for those imprisoned
for terrorism and treason. Also, at the end of 1997, the “faceless” tribunals
were eliminated and an ordinary system for trying such crimes was
established with the creation of the Corporative Superior Chamber for
Terrorism Cases, subsequently the National Terrorism Chamber.
The most important characteristics were the “ambiguous and vague”
definition of the crime of terrorism; the new regime of penalties; the increase
in the powers of the police without any oversight by the courts or
prosecutors; the modifications to the procedures, such as a reduction in the
powers of the Attorney General’s office (Ministerio Público); the obligation of
the judge of the criminal court to file a complaint and open a preliminary
investigation in all terrorism cases; the imposing of summary proceedings;
and a judicial system with “faceless” judges.
DINCOTE was a specialized unit of the Peruvian National Police (hereinafter
“the PNP”) mandated to investigate acts of a terrorist nature and individuals
linked to such acts. The police not only investigated; they directed the
investigation, subordinated the prosecutor de facto, and extended the
duration of the investigations; they also issued conclusions on the
investigation and determined the criminal category of the act that had
allegedly been committed. These powers were not supervised or controlled
adequately by the Attorney General’s office or by the Judiciary, particularly at
the time of the “faceless” judges. The Attorney General’s office became an
institution in charge of formalizing the investigation procedures, an inversion
of its constitutional mandate.
The physicians prosecuted under the anti-terrorist legislation have been
convicted for what is considered a medical activity. There is a problem with
the definition when medical activities are considered an alleged act of
collaboration.
On January 3, 2003, the Constitutional Court delivered a judgment
establishing, with regard to the basic category of terrorism contained in
Article 2 of Decree Law No. 25,475, that a new interpretation should be given
to the crime of terrorism, incorporating the intentionality of the perpetrator
when committing the crime of terrorism; but it did not declare this article
unconstitutional.
The judgment of the Constitutional Court gave rise to a series of legislative
decrees formulated over the following months. These included, Legislative
Decree No. 926, which regulated the annulment of terrorism proceedings in