84 established in Article 2 of Decree-Law No. 25.475) unconstitutional, inasmuch as it held that it was in keeping with Article 2 (24) (d) of the [...] Constitution;” d) The crime of terrorism “may take different criminal forms which cannot be reduced to a single and definite presumption; hence, it is out of order to rely on a single definition of the crime of terrorism. Instead, a series of possibilities and descriptions sharing the same purposes should be contemplated. In accordance with the foregoing, it was legitimate for the exceptional provisions adopted by the State of Peru to be somehow general when regulating the crime of terrorism, as is generally accepted by legal textbooks and opinions on criminal law;” e) “The petition contains a priori unfavorable judgments of one of the Powers of the State of Peru, which is the Judiciary; and the State considers that, in relation to the new proceedings brought against [the alleged victims], the resulting judgments should be awaited to determine whether they abide by the guarantees and guidelines imposed by the Decision rendered by the Constitutional Court on January 3, 2003, which the State of Peru deems to be respectful of Human Rights, both at the substantive and procedural level;” f) The crimes for which the alleged victims were prosecuted in the first proceedings and for which they have been prosecuted in the new proceedings are “autonomous in relation [to the] criminal definition set forth in Article 2 of Decree-Law No. 25.475;” and g) The “crime of terrorist association is but a special description [,] in connection with terrorism [,] of the crime of membership in a terrorist organization established in Article 317 of the Peruvian Criminal Code.” Considerations of the Court 179. Article 9 of the American Convention provides that: No one shall be convicted of any act or omission that did not constitute a criminal offense, under the applicable law, at the time it was committed. A heavier penalty shall not be imposed than the one that was applicable at the time the criminal offense was committed. If, subsequent to the commission of the offense, the law provides for the imposition of a lighter punishment, the guilty person shall benefit therefrom. 180. Article 2 of the Convention establishes that: Where the exercise of any of the rights or freedoms referred to in Article 1 is not already ensured by legislative or other provisions, the States Parties undertake to adopt, in accordance with their constitutional processes and the provisions of this Convention, such legislative or other measures as may be necessary to give effect to those rights or freedoms. 181. Article 2(24)(d) of the 1993 Constitution of Peru establishes that: No one shall be prosecuted or convicted of an act or omission not previously described by law, in an express and unequivocal manner, as a punishable offense; nor shall any punishment not provided for by law be applied.

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