34 interests of a foreign power.” The crime of treason “is a special crime in the sense that it can only be committed by a particular category of persons […] in other words, it is a classification reserved for nationals of the country;” d) the crime of treason to which Decree-Law No. 25,659 refers bears no relation to the crime of treason as defined in the Peruvian Code of Military Justice. The former is not about conduct that stricto sensu constitutes acts of treason; instead, its purpose is to suppress terrorism, under a false nomen iuris. The crime classified in the Code of Military Justice is a breach of the allegiance that nationals owe to their own country; e) Decree Law No. 25,659 could be viewed as a “fraudulent circumvention of the applicable law” that flouts or evades the normal sphere of application of the crime of treason and applies it instead to persons like aliens from whom one cannot require allegiance and loyalty to the country because they are not bound by law to owe allegiance to the Peruvian Nation. 98. f) The State is thus expanding the “application of extraordinary military rules applicable only in times of war against an enemy State, in order to prosecute and punish aliens who, moreover, are not subject to military court jurisdiction for crimes of this type;” and g) Under Article 27 of the Convention, Article 20 cannot be suspended; hence, the State’s failure to observe Article 20 is unjustified. The State’s arguments: a) Peru has “sovereign authority to investigate, prosecute and convict all those who commit criminal acts within its territory, especially if such acts constitute crimes of lese humanité,” as in the case of crimes of aggravated terrorism. For over ten years, those types of crimes have caused terrible loss of life and have inflicted enormous property damage; b) terrorist acts such as those committed by the MRTA “to which the Chilean nationals belong” have placed the country’s internal order and security in grave peril. Under Decree-Law 25,418, which established the National Emergency and Reconstruction Government, Peru had to adopt Decree-Law No. 25,475, establishing penalties for terrorist crimes and the procedures to be followed when investigating, examining and trying such crimes, and Decree-Law No. 25,659, which regulates the crime of treason; c) the State cannot be accused of a “fraudulent circumvention of the law” for having expanded the application of the provisions of the Code of Military Justice to prosecution of civilians since, [a]s is readily apparent, Decree-Law No. 25,659 [...] was never intended to arbitrarily impose upon aliens an artificial bond of allegiance and loyalty to Peru […]. In that law, the State classified the crime of “aggravated terrorism,” giving

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