probably caught in prison. 195 Also, according to the psychological report prepared by the Traumatic
Stress Clinic, Ms. J. suffered from chronic complex post-traumatic stress disorder. 196
115. On January 23, 1997, the United Kingdom granted Ms. J. refugee status 197 and, on May 26,
2000, she was granted indefinite permission to remain in the United Kingdom as a refugee. 198 On
February 24, 2003, Ms. J. became naturalized as a British citizen. 199
116. In December 2007, Ms. J. traveled with her companion to Germany to visit her younger
sister. 200 On December 28 that year, when J. was preparing to return to London, she was detained
provisionally by the Police of the Cologne Bonn Airport in Germany, based on the request to find
and arrest her sent out by the Peruvian authorities through INTERPOL. 201 On January 4, 2008, the
Cologne Higher Regional Court issued an order of preventive detention against Ms. J. for the
purposes of her extradition. On January 9, she was excused from complying with the preventive
detention in exchange for fulfilling certain obligations, [including] payment of a surety.” 202
117. In parallel, on January 4, 2008, the National Criminal Chamber decided “to request the
judicial authorities of the German Republic to extradite [Ms. J.], accused of the crimes of apology of
terrorism, and terrorism, [established in articles 316 and 322 of the 1991 Criminal Code,
respectively].” 203 It indicated that “the criminal action [was] in effect at that date, […] because the
offenses had been committed – according to the charges – concurrently and, also, the latter was a
permanent offense.” 204
118. However, on January 21, 2008, the Second Transitory Criminal Chamber of the Supreme
Court of Justice indicated that “the statute of limitations was in effect for the offense of apology of
terrorism, and the extradition request was not in order [for that offense], so that only the charges
for the crime of terrorism subsisted.” 205 On January 24, 2008, the Executive, in a supreme decision,
and arguments brief, annex 14, folio 3043).
195
Cf. Letter of Dr. Gill Hinshelwood of October 26, 1994 (file of annexes to the Merits Report, annex 9, folio 93), and
letter of Dr. M.R. Hetzel of November 22, 1994 (file of annexes to the Merits Report, annex 10, folio 95).
196
86).
Cf. Report of the Traumatic Stress Clinic dated November 28, 1996 (file of annexes to the Merits Report, annex 7, folio
197
Cf. Letter from the Immigration and Nationality Directorate of January 23, 1997 (file of annexes to the motions and
arguments brief, annex 15, folio 3046).
198
Cf. Letter from the Immigration and Nationality Directorate of May 26, 2000 (file of annexes to the motions and
arguments brief, annex 16, folio 3049).
199
Cf. Naturalization certificate dated February 24, 2003 (file of annexes to the motions and arguments brief, annex 17,
folio 3052).
200
Cf. Affidavit prepared on May 8, 2013, by the witness Klemens Felder (merits report, folio 1236), and affidavit prepared
by the witness Martin Rademacher on May 8, 2013 (merits report, folio 1245).
201
Cf. Decision of the Second Transitory Criminal Chamber of January 21, 2008, case file 05-2008 (file of annexes to the
Merits Report, annex 31, folio 341); judgment of the Cologne Higher Regional Court of August 22, 2008 (file of annexes to the
Merits Report, annex 36.2, folio 397); INTERPOL arrest warrant dated November 21, 2007 (file of annexes to the motions and
arguments brief, annex 53, folio 3140), and affidavit prepared by the witness Martin Rademacher on May 8, 2013 (merits report,
folio 1245).
202
Judgment of the Cologne Higher Regional Court of August 22, 2008 (file of annexes to the Merits Report, annex 36.2,
folio 397).
203
336).
204
335).
Judgment of the National Criminal Chamber of January 4, 2008 (file of annexes to the Merits Report, annex 29, folio
Judgment of the National Criminal Chamber of January 4, 2008 (file of annexes to the Merits Report, annex 29, folio
205
Decision of the Second Transitory Criminal Chamber of January 21, 2008 (file of annexes to the Merits Report, annex
31, folio 343).
37
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