285. First, the Court emphasizes that neither the Commission nor the representative have argued
or presented any evidence that the definition of the offenses attributed to Ms. J. violate the principle
of legality. Therefore, in the instant case, this Court does not deem it pertinent to rule on the
State’s arguments in this regard. 406
286. Second, the Commission and the representative argue that, throughout the proceedings
against Ms. J. (during both the first and second stages), the conduct attributed to her or of which
she is accused has never been clearly defined, and that in different State documents relating to the
criminal proceedings reference is made indistinctly to different offenses, each of which has a
different content and punishment; and this has therefore signified a violation of Ms. J.’s right to
defend herself and of the principle of legality.
287. Regarding the principle of legality, the Court has indicated that, when drafting the definition
of offenses, it is necessary to use strict, unequivocal terms that clearly delimit the illegal conducts,
giving full meaning to the principle of criminal legality. This involves a clear definition of the
incriminated conduct that establishes its elements and permits it to be delimited from conducts that
are not illegal or from illegal conducts punished by non-penal measures. Any ambiguity in the
wording of the definition of offenses gives rise to doubts and opens the way to the discretion of the
authorities, which is particularly undesirable when establishing the criminal responsibility of
individuals and sanctioning them with punishments that severely affect fundamental rights, such as
life or liberty. 407
288. Regarding the right to defend oneself, this Court reiterates that, in order to ensure this right,
the State must inform the interested party not only of the cause of the accusation; that is, the acts
or omissions that are attributed to him, but also the reasons that led the State to bring the charge,
the evidence for this, and the legal definition of the acts. All this information must be explicit, clear,
complete and sufficiently detailed to permit the accused to exercise his right to defend himself fully
and to demonstrate his version of the facts to the judge. The Court has considered that the strict
observance of Article 8(2)(b) is essential for the effective exercise of the right to defend oneself
(supra para. 199)
289. In the instant case, the Court notes that, throughout the proceedings against Ms. J., the
presumed victim has been accused of being the author of the offenses of terrorism, aggravated
terrorism, membership in a terrorist organization and apology of terrorism, based on different legal
provisions. During the first stage of the criminal proceeding against Ms. J., the supposed illegal
conduct of the presumed victim was classified as terrorism (article 319) and aggravated terrorism
(article 320) and, later, also as membership in a terrorist organization (article 322) (supra paras.
98, 100 and 101). During the second stage of the criminal proceeding against the presumed victim,
after several imprecisions had been rectified, the preliminary investigation against Ms. J. was
opened for the offenses of apology of terrorism (article 316) and membership in a terrorist
organization (article 322), and the charges were later brought on this basis, and it was declared
that there were grounds to open the oral hearing (supra paras. 109, 111 and 112). Nevertheless,
the Court notes that, during this second stage, some of the decisions and rulings also refer to a
406
In this regard, the State indicated that “neither the Peruvian Constitutional Court nor the Inter-American Court
[in other cases against Peru] have considered that the definition of the crime of terrorism, […] or the definition of the
offense of belonging to or membership in a terrorist organization are unconstitutional or incompatible with the American
Convention.” Peru also argued that “the domestic authorities, in accordance with the judgment of the Constitutional Court
of January 3, 2003, have introduced the necessary changes in the norms that regulated the definition of the offenses and
other elements that formed the basis for the prosecution of those accused of terrorism.”
407
Cf. Case of Castillo Petruzzi et al. v. Peru. Merits, reparations and costs, supra, para. 121, and Case of Usón
Ramírez v. Venezuela, supra, para. 55.
84
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