69 considering the way in which the category in question is treated in Peruvian case law”; f) The “rules on collaboration” entered Peruvian legislation in 1987 with “the law of the Congress of the Republic [No.] 24,651 [which] is exactly the same as that contained in Decree Law [No.] 25,475”; g) “Any debate on the sufficiency or ambiguity of the rules under discussion, should be conducted with reference to the 1997 United Nations International Convention for the Suppression of Terrorist Bombing” which contains five behaviors “that may be classified as terrorist,” including “collaboration with terrorist organizations”; and h) When the proceeding against the alleged victim in the ordinary jurisdiction commenced, “the courts had already established the possibility of imposing sentences of less than the legal minimum.” The sentence imposed on the alleged victim cannot be considered “the automatic result of the application of Decree Law No. 25,475”. Considerations of the Court 113. Article 9 of the American Convention establishes that: No one shall be convicted of any act or omission that did not constitute a criminal offense, under the applicable law, at the time it was committed. A heavier penalty shall not be imposed than the one that was applicable at the time the criminal offense was committed. If subsequent to the commission of the offense the law provides for the imposition of a lighter punishment, the guilty person shall benefit therefrom. 114. Lori Berenson was subjected to two criminal proceedings, one in the military jurisdiction and the other in the civil jurisdiction. First, the Court will refer to the application of the crime of treason in the military jurisdiction and, second, to the crime of collaboration with terrorism applied in the ordinary criminal jurisdiction. 115. Articles 1, 2 and 3 of Decree Law No. 25,659, and Articles 2 and 3 of Decree Law No. 25,475, define, respectively, the crimes of treason and of terrorism, and establish the penalty corresponding to each. The crime of collaboration with terrorism and its corresponding penalty are established in Article 4 of Decree Law No. 25,475. 116. It is relevant to emphasize that: i) According to Article 2 of Decree Law No. 25,475, anyone who “incites, creates or maintains a state of anxiety, alarm or fear among the population or a sector of it” or who “carries out acts against life, personal safety [...] or patrimony, against the security of public buildings, highways [...], energy towers [...] or any other property or services, using weapons, explosive materials or devices, or any other means of causing commotion or serious disturbance of the public order” commits the crime of terrorism; ii) According to Article 1(a) of Decree Law No. 25,659, anyone who executes “the acts established in Article 2 of Decree Law No. 25,475, using the following methods: [...]car bombs or similar, explosive devices, weapons

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