34
88(7)(v) It also urged the Congress of the Republic, within a reasonable
time, to replace the corresponding legislation in order to adapt the legal
regime for life imprisonment to the provisions of the judgment, and to
establish the maximum limits of the penalties for the crimes regulated in
Articles 2, 3(b) and 3(c), 4, 5 and 9 of Decree Law No. 25,475. Finally, to
regulate the ways and means of processing petitions for new trials, referred
to in the conclusions of this judgment.42
88.8) The Executive issued Legislative Decrees No. 921 of January 17, 2003, No.
922 of February 11, 2003 and Nos. 923 to 927 of February 19, 2003, which, among
other provisions, included the jurisprudential criteria indicated by the Constitutional
Court in the judgment of January 3, 2003.43
Lori Berenson’s detention
88.9) During the afternoon of November 30, 1995, Lori Berenson was observed by
members of the National Police leaving the building located on Avenida Alameda del
Corregidor, and “for this reason she was subjected to careful surveillance and, given
her suspicious behavior, she was detained.”44
88(10) The same November 30, 1995, Lori Berenson and Nancy Gloria Gilvonio
Conde45 were detained in Lima and placed in the custody of the Peruvian police
No. 010-2002-AI/TC, paras. 146, 154 and operative paragraphs (file on merits, tome VI, folios 1364 to
1433).
42
Cf. judgment handed down by the Constitutional Court of Peru on January 3, 2003, to decide a
public interest action on constitutionality filed by Marcelino Tineo Silva and more than 5,000 citizens, file
No. 010-2002-AI/TC, operative paragraphs (file on merits, tome VI, folios 1364 to 1433).
43
Cf. Legislative Decree No. 921 of January 17, 2003, entitled “Legislative Decree establishing the
legal regime of life imprisonment in national legislation and the maximum limit of the sentence for the
crimes established in Articles 2, 3, paragraphs "B" and "C", 4, 5 and 9 of Decree Law No. 25475” (file on
merits, tome III, folio 627 bis); Legislative Decree No. 922-2003 of February 11, 2003, entitled
“Legislative Decree that, pursuant to the judgment of the Constitutional Court File No. 010-2002-AI/TC,
regulates the nullity of proceedings for the crime of treason and also establishes norms for the applicable
criminal proceeding” (file on merits, tome III, folio 627 bis); Legislative Decree No. 923 of February 19,
2003, entitled “Legislative Decree that strengthens organizationally and functionally the State’s defense in
relation to crimes of terrorism” (file on merits, tome III, folio 627 bis); Legislative Decree No. 924 of
February 19, 2003, entitled “Legislative Decree adding a paragraph to Article 316 of the Penal Code
regarding justification of the crime of terrorism” (file on merits, tome III, folio 627 bis); Legislative Decree
No. 925 of February 19, 2003 entitled, “Legislative Decree regulating effective collaboration on crimes of
terrorism” (file on merits, tome III, folio 627 bis); Legislative Decree No. 926 of February 19, 2003
entitled, “Legislative Decree regulating annulments of trials for crimes of terrorism before secret judges
and prosecutors and application of the prohibition to raise objections” (file on merits, tome III, folio 627
bis); and Legislative Decree No. 927 of February 19, 2003, entitled “Legislative Decree regulating
execution of sentence in crimes of terrorism” (file on merits, tome III, folio 627 bis).
44
Cf. police investigation report No. 140-DIVICOTE II-DINCOTE of December 27, 1995 (file of
appendixes to the application, tome 3, folio 1092; file of probative evidence provided by the State, tome
2, folio 4270); charge of the Army’s Special Military Prosecutor for Cases of Treason of January 2, 1996
(file of appendixes to the application, tome 1, appendix 10, folio 102; and file of probative evidence
provided by the State, tome 3, folios 4746); and testimonial statement made by Lori Berenson in the
ordinary jurisdiction in file No. 154-2000 of April 4, 2001 (file of probative evidence provided by the State,
tome 9, folio 7601).
45
This name also appears in the body of evidence as Rosa Mita Calle. Hereinafter, the Court will use
the name Nancy Gloria Gilvonio Conde.