74.
Starting on October 15, 1997, the order was given that the prosecution of the terrorism
offenses established in Decree-Law 25,475 must be conducted by judges who were “duly appointed
and identified.” 83 However, the most significant amendments to the counter-terrorism laws occurred
as of January 3, 2003, when the Constitutional Court of Peru handed down a judgment in which it
analyzed the alleged unconstitutionality of several provisions of Decree-Laws Nos. 25,475, 25,659,
25,708, 25,880 and 25,744. The Constitutional Court concluded that various substantive and
procedural provisions of the counter-terrorism laws were unconstitutional, and established a new
way of interpreting other provisions. 84
75.
Legislative Decrees Nos. 921 to 927 were issued to follow up on this judgment. 85 In
particular, Legislative Decree No. 926 established that the National Counter-terrorism Chamber
“shall annul the judgment and the oral proceeding, ex officio, unless this is expressly waived by the
accused, and shall declare, if applicable, the absence of grounds for the charges in those criminal
proceedings for crimes of terrorism that were held before the ordinary criminal jurisdiction with
‘secret’ judges or prosecutors.” This annulment was limited “to those persons who had been
convicted and for the acts on which the conviction was based, as well as the accused who were
absent and in contempt of court and for the acts on which the charges were based.” In addition,
this decree established specific rules with regard to the evidence in proceedings that were reopened as a result of the said annulment. 86
E) Proven facts in relation to Ms. J.
76.
When the facts that are the subject of this case began, Ms. J. was a 25-year-old law
graduate of the Pontificia Universidad Católica del Peru. 87 In March 1992, she was hired as a
production assistant by the Colombian journalist, Marc de Beaufort, who was filming a television
program for WGBH, a public television channel from Boston, on the political situation in Peru,
highlighting the Shining Path guerrilla movement. 88 J. was responsible for obtaining the official
permits and authorizations to visit the different locations in Lima and the surrounding areas. The
Peruvian authorities were informed of, and authorized, the trips made by Ms. J. and by the team of
journalists. 89
83
Law No. 26,671 of October 11, 1997, sole article (file of annexes to the answering brief, annex 8, folio 3270).
84
Cf. Judgment of the Constitutional Court of January 3, 2003, File No. 010-2002-AI/TCLIMA, conclusions 41, 112 and
113 (merits report, folios 1531, 1545, 1557, 1563 and 1564).
85
Cf. Legislative Decree No. 921 of January 17, 2003, Legislative Decree No. 922 of February 11, 2003, Legislative
Decree No. 923 of February 19, 2003, Legislative Decree No. 924 of February 19, 2003, Legislative Decree No. 925 of February
19, 2003, Legislative Decree No. 926 of February 19, 2003, Legislative Decree No. 927 of February 19, 2003 (file of annexes to
the answering brief, annexes 14 to 20, folios 3294 to 3295, 3297 to 3304, folios 3307 to 3311; 3313 to 3314, 3316 to 3317,
3319 to 3322 and 3324 to 3328).
86
Cf. Legislative Decree No. 926 of February 19, 2003, third complementary provision (file of annexes to the answering
brief, annex 19, folios 3320 and 3321); affidavit prepared on May 6, 2013, by witness Pablo Rogelio Talavera Elguera (merits
report, folio 1082), and Legislative Decree No. 922 of February 11, 2003, article 8 (file of annexes to the answering brief, annex
15, folios 3299).
87
Cf. Statement by Ms. J. on April 21, 1992 (file of annexes to the answering brief, annex 31, folio 3668); certification
No. 36762 of the Pontificia Universidad Católica del Peru of March 16, 1992 (file of annexes to the motions and arguments brief,
annex 18, folio 3054), and attestation No. 084–DINCOTE of April 25, 1992 (file of annexes to the answering brief, annex 23,
folio 3340). Ms. J. had also attended the general arts program at that university for two years. Cf. Certification of the Pontificia
Universidad Católica del Peru of May 25, 1991 (file of annexes to the motions and arguments brief, annex 19, folio 3057).
88
Cf. Sworn statement of Marc de Beaufort of July 25, 1994 (file of annexes to the Merits Report, folio 65); copy of
production assistant contract of March 1, 1992 (file of annexes to the Merits Report, annex 11, folio 98); letter of Marc de
Beaufort and Yezid Campos of November 18, 1993 (file of annexes to the motions and arguments brief, annex 12, folio 3039),
and attestation No. 084–DINCOTE of April 25, 1992 (file of annexes to the answering brief, annex 23, folio 3507).
89
Cf. Sworn statement of Marc de Beaufort of July 25, 1994 (file of annexes to the Merits Report, annex 5, folio 66).
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