112. On January 24, 2006, the National Criminal Chamber declared that there were grounds to
proceed to an oral hearing “[f]or the offense of apology of terrorism […], and for the crime of
terrorism,” “codified in articles 316 and 322 of the 1991 Criminal Code” against Ms. J. The Chamber
set February 10, 2006, as the date for the start of the oral hearing and appointed a defense counsel
ex officio [for Ms. J. together with those other accused who were absent]. It also ordered the
repetition of “the warrants to locate and arrest [Ms. J.].” 186
113. On May 25, 2006, the National Criminal Chamber handed down a guilty verdict against
several of the accused and reserved the “sentence against [Ms. J.] until she ha[d] been […]
arrested and brought before the competent judicial authority.” This guilty verdict also contained
other decisions concerning other persons who had been tried under the same case file as Ms. J. 187
As of that moment, on different occasions, orders have been given to hold in reserve the
188
J. was declared to be in
proceedings against Ms. J. and the other accused who are absent.
189
and on November 5, 2007, an international warrant was issued for to locate
contempt of court,
and arrest Ms. J. 190 According to the State, in the proceedings against Ms. J., the oral hearing is
pending so that, thereafter, the National Criminal Chamber may issue the respective first instance
judgment. There is no record that Ms. J. has appealed or acted at any stage of the criminal
proceedings.
E.5 The departure of Ms. J. from Peru and the extradition process
114. On August 9, 1993, following her release (supra para. 104), Ms. J. filed a complaint before
the Public Prosecution Service that, following the decision to acquit her, she and her family had
been the victims of threats and had been followed by unknown individuals, as well as by presumed
police agents. 191 On August 12, Ms. J. asked the Prosecution Service to “provide her with the
pertinent guarantees.” 192 According to J.’s mother, owing to these “incidents of harassment,” J. left
Peru on August 16, 1993. 193 On September 30, 1993, Ms. J. arrived in the United Kingdom of Great
Britain and Northern Ireland (hereinafter “the United Kingdom”) and, on October 13, 1993, she
requested asylum. 194 When she arrived in the United Kingdom, J. had tuberculosis, which she
186
Decision of the National Criminal Chamber of January 24, 2006 (file of annexes to the answering brief, annex 60, folios
4123 to 4125).
187
Cf. Judgment of the National Criminal Chamber of May 25, 2006, case file 89-93 (file of annexes to the answering brief,
annex 61, folios 4218 and 4219).
188
Cf. Judgment of the National Criminal Chamber of October 4, 2006, case file 89-93 (file of annexes to the Merits
Report, annex 18, folio 267); Note of the National Criminal Chamber to the representative of the Judiciary before the National
Human Rights Council of April 17, 2007 (file of annexes to the Merits Report, annex 22, folio 281); Decision of the National
Criminal Chamber of January 24, 2007 (file of annexes to the answering brief, annex 62, folio 4221); Judgment of the National
Criminal Chamber of July 3, 2007 (file of annexes to the answering brief, annex 63, folios 4249 and 4250), and Judgment of the
National Criminal Chamber of July 17, 2007 (file of annexes to the Merits Report, annex 20, folio 275).
189
Cf. Ruling of October 29, 2007, of the National Criminal Chamber (file of annexes to the State’s brief of August 14,
2013, folio 5598).
190
Cf. Note No. 89-93/SA-SPN of the National Criminal Chamber to the Executive Director of OCN-INTERPOL Lima dated
November 5, 2007 (file of annexes to the State’s brief of August 14, 2013, folio 5594).
191
Cf. Complaint by Ms. J. before the Public Prosecution Service of August 9, 1993 (file of annexes to the motions and
arguments brief, annex 9, folios 3027 to 3030).
192
Request to the Prosecutor General’s Office dated August 12, 1993 (file of annexes to the motions and arguments brief,
annex 10, folio 3034).
193
Cf. Affidavit prepared by J.’s mother on June 13, 2006, for the case of the Miguel Castro Castro Prison (file of annexes
to the motions and arguments brief, annex 1, folio 3004); Statement of J.’s sister during the public hearing held in this case, and
Note No. 13-95 SPN of the National Criminal Chamber of January 14, 2009 (file of annexes to the representative’s final
written arguments and to the brief of June 24, 2013, folio 5036.4).
194
Cf. Identity document issued to Ms. J. by the Immigration and Nationality Directorate (file of annexes to the motions
36
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