51
from behaviors that are either not punishable or punishable but not with
imprisonment.96
80.
Under the rule of law, the principles of legality and non-retroactivity govern
the actions of all the State’s bodies in their respective fields, particularly when the
exercise of its punitive power is at issue.97
81.
In a democratic system, precautions must be strengthened to ensure that
punitive measures are adopted with absolute respect for the basic rights of the
individual, and subject to careful verification of whether or not unlawful behavior
exists.98
82.
In this regard, when applying criminal legislation, the judge of the criminal
court is obliged to adhere strictly to its provisions and observe the greatest rigor to
ensure that the behavior of the defendant corresponds to a specific category of
crime, so that he does not punish acts that are not punishable by law.
83.
María Teresa De La Cruz Flores was prosecuted and convicted for acts of
collaboration with terrorism, under article 4 of Decree Law No. 25,475 in a judgment
of November 21, 1996. Even though, in this judgment, the judge declared that María
Teresa de La Cruz Flores was convicted as perpetrator of the “crime of terrorism
against the State,” the Court observes that the article on which the domestic court
based itself to deliver this sentence is article 4 of Decree Law No. 25,475, which
defines the crime of acts of collaboration with terrorism. This sentence and the trial
that produced it were declared null on June 20, 2003 (supra para. 73(39)); however,
the Court observes that this judgment had effects that violated the human rights of
Mrs. De La Cruz Flores, which were not repaired by its mere annulment, and fall
within the competence of the Court.
84.
In relation to the principle of legality, the Court will now refer to the following
issues: a) the relationship between the behavior that Mrs. De La Cruz Flores was
charged with in the judgment of November 21, 1996, and article 4 of Decree Law No.
25,475; b) the failure to specify which of the acts defined in the said article 4
encompassed the behavior of Mrs. De La Cruz Flores; c) the penalization of a medical
activity; and d) the obligation to report possible criminal acts by physicians.
85.
The said article 4 of Decree Law No. 25,475 establishes that:
Anyone who voluntarily obtains, gathers, collects or facilitates any type of
goods or instruments or carries out acts of collaboration that in any way facilitate the
perpetration of the crimes included in Decree Law [No. 25,475] or the achievement of
the goals of a terrorist group, shall be punished by no less than 20 years’ imprisonment.
The following are acts of collaboration:
96
Cf. Case of Ricardo Canese, supra note 1, para. 174; Case of Cantoral Benavides, supra note 29,
para. 157; and Case of Castillo Petruzzi et al., supra note 29, para. 121.
97
Cf. Case of Ricardo Canese, supra note 1, para. 177; and Case of Baena Ricardo et al. Judgment
of February 2, 2001. Series C No. 72, para. 107.
98
Cf. Case of Baena Ricardo et al., supra note 97, para. 106; and, inter alia, Eur. Court H.R. Ezelin
judgment of 26 April 1991, Series A no. 202, para. 45; and Eur. Court H.R. Müller and Others, judgment
of 24 May 1988, Series A no. 133, para. 29.
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