90
204. In view of the foregoing (supra para. 195), the Court has not found sufficient
evidence to conclude that Article 9 of the American Convention was violated, to the
detriment of Wilson García-Asto, when Article 5 of Decree-Law No. 25.475 was applied
in the new proceedings conducted against him.
d) Regarding the first criminal proceedings against Urcesino Ramírez-Rojas
205. Two criminal proceedings were brought against Urcesino Ramírez-Rojas in the
ordinary jurisdiction. The first proceedings were conducted before “faceless” judges
who sentenced him to twenty-five years’ imprisonment in a judgment rendered on
September 30, 2004 by the Superior Court of Justice of Lima (Corte Superior de
Justicia de Lima), wherein he was found guilty of the crime of aggravated terrorism as
defined in article 320, subparagraphs (1) and (5) of the Criminal Code of 1991, for a
series of criminal acts occurred in 1987, 1988, 1989 and 1990 (supra para. 97(83)).
Moreover, Urcesino Ramírez-Rojas was charged with “taking part in a coordination
meeting held by leaders of the Regional Committee and the armed posts of the
terrorist organization Shining Path,” and “having a large number of subversive
documents in his house;” it was further asserted that, in relation to his work at the
Ministry of Finance and later at the National Congress, “it sho[uld] be understood that,
availing himself of the position he occupied in these institutions, he acted as an
infiltrator[,] with the sole purpose of […] gathering information, learning about
movements [and] planning meetings, which meant everything for the terrorist
organization Shining Path.”
206. In this respect, the Court considers, as it has noted before,174 that, for the sake
of legal certainty, it is essential that punitive norms exist and be known, or can be
known, before the act or omission that infringes them and is to be punished takes
place. The description of an act as wrongful and the formulation of its legal effects
must precede the conduct of the individual deemed to be liable for an infringement,
insofar as before a form of conduct is described as a crime, it is not considered
wrongful in criminal terms. Otherwise, individuals would be unable to make their
conduct conform to an existing and certain legal system embodying social reproach
and its consequences. These are the grounds of the principle of non-retroactivity of
unfavorable punitive norms.
207. In relation to the non-retroactivity principle, the Court notes that in the first
proceedings conducted against Urcesino Ramírez-Rojas, he was charged with certain
acts that had occurred before the coming into force of the Criminal Code of 1991, that
is, criminal acts that had taken place in 1987, 1988, 1989, and 1990 (supra para.
97(83)).
208. In view of the foregoing, taking into account that the State acknowledged the
facts which occurred prior to September 2000 (supra paras. 52 to 60), the Court
considers that the State violated the non-retroactivity principle enshrined in Article 9 of
the American Convention, in relation to Article 1(1) thereof, to the detriment of
Urcesino Ramírez-Rojas, upon applying the Criminal Code of 1991 retroactively in the
first proceedings brought against him.
174
Cf. Case of De la Cruz-Flores, supra note 4, para. 104; and Case of Baena Ricardo et al., supra note
168, para. 106.
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