21 Special court. h. Expert report of Hector Faúndez-Ledezma Expert and university professor Hector Faúndez Ledezma referred to the right to personal liberty, the ways in which arrests were made and their arbitrariness. He explained the general conditions and principles on which a fair trial were based, mentioning the principle of non bis in idem and the content of Article 27 of the Convention. i. Expert opinion of Julio Maier Expert and university professor Julio Maier referred to the principle of non bis in idem, to the principle of innocence, the statement of the accused as a means of defense, and to the broad interpretation that could be given to the American Convention. j. Expert opinion of León Carlos Arslanian Expert León Carlos Arslanian, who was a member of the Commission of International Jurists on the Administration of Justice in Peru in 1993, referred to the harassment, tactics of intimidation and threats used by the Intelligence Bureau of the Ministry of the Interior of Peru against attorneys defending the human rights of persons accused of terrorism. He said that, studying Peruvian legislation with other experts and comparing it to international rules, he had encountered contradictions. As an example, he cited the fact that a number of decrees described treason and terrorism in identical terms, making for uncertainty as to which law was to be applied, and making for arbitrariness. X 46. The Court deems the following facts to have been proven: a. That on February 6, 1993, Ms. María Elena Loayza-Tamayo was detained by members of DINCOTE at a property she owned on Mitobamba Street, Block D, Lot 18, Los Naranjos Estate, Los Olivos District, Lima, Peru (cf. 1994 Report of the Task Force of the Government of Peru; Expanded Police Report Nº 049-DIVICOTE 3DINCOTE of February 25, 1993; DINCOTE notification of detention of María Elena Loayza-Tamayo on February 6, 1993; Report Nº 176-93-DEGPNP-EMPEMG/DIPANDH; María Elena Loayza-Tamayo's statement to DINCOTE of February 15, 1993; testimony of María Elena Loayza-Tamayo of December 12, 1996, and that of Luis Alberto Cantoral-Benavides of December 11, 1996). b. That when María Elena Loayza-Tamayo was detained, there existed in the Department of Lima and in the Constitutional Province of Callao a state of emergency and suspension of the guarantees provided in Article 2(7), (9), (10), and (20)(g) of the Peruvian Constitution in force at that time (cf. 1979 Political Constitution of Peru, and Supreme Emergency Decree Nº 006-93-DE-CCFFAA of January 19, 1993; and answer to the application). c. That from February 6 to 26, 1993, Ms. María Elena Loayza-Tamayo was held in administrative detention at DINCOTE, and was held incommunicado from February 6 to 15 (cf. 1994 Report of the Task Force of the Government of Peru; Expanded

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