72
124. The Court will now examine whether the definition of the crime applied in the
alleged victim’s case during the processing her trial before the civil jurisdiction
violates the principle of legality.
125. Concerning the principle of legality in the penal sphere, the Court has
indicated that crimes must be classified and described in precise and unambiguous
language that narrowly defines the criminalized conduct, establishing its elements,
and the factors that distinguish it from behaviors that are either not punishable or
punishable but not with imprisonment. Ambiguity in describing crimes creates doubts
and the opportunity for abuse of power, which is particularly undesirable when it
comes to ascertaining the criminal liability of individuals and punishing their criminal
behavior with penalties that exact their toll on fundamental rights such as life or
liberty.228
126. Under the rule of law, the principles of legality and non-retroactivity govern
the actions of all State organs, in their respective spheres of competence,
particularly when they must exercise their powers to punish.229
127. The relevant Peruvian legislation in this case establishes different categories
of crime, such as: terrorism,230 treason,231 and collaboration with terrorism.232 In
turn, the latter has various manifestations. The Inter-American Court has noted that
the definition of the crime of treason is incompatible with the American
Convention.233 This category of crime was not considered as regards Lori Berenson in
the ordinary criminal proceeding (supra para. 88(69)); nor was the crime of
terrorism applied in that trial. However, some forms of collaboration with terrorism
were invoked and applied, and the sentence handed down was based on them.
According to Peruvian legislation, collaboration does not constitute a form of
participation in terrorism, but rather, it is an autonomous crime committed by
anyone who carries out specific acts which support terrorist activities. Evidently, the
assessment of the existence, when applicable, of acts of collaboration, must be made
in relation to the definition of terrorism. In the Court’s opinion, the definition of the
crime of collaboration with terrorism does not have the same defects that, at one
time, were observed with regard to the crime of treason. This Court does not
consider that these categories of crime are incompatible with the provisions of Article
9 of the American Convention.
128. In view of the foregoing, and with regard to the trial and judgment in the civil
court, the Court considers that it has not been proved that the State violated Article
9 of the American Convention to the detriment of the alleged victim, by applying
Article 4 of Decree Law No. 25,475.
228
Cf. Case of Ricardo Canese, supra note 3, para. 174; and Case of Cantoral Benavides, supra note
25, para. 157; and Case of Castillo Petruzzi et al., supra note 25, para. 121.
229
Cf. Case of Ricardo Canese, supra note 3, para. 177; and Case of Baena Ricardo et al., supra
note 216, para. 107.
230
Cf. Article 2 of Decree Law No. 25,475.
231
Cf. Articles 1 and 2 of Decree Law No. 25,659.
232
Cf. Article 4 of Decree Law No. 25,475.
233
Cf. Case of Cantoral Benavides, supra note 25, para. 155; Case of Castillo Petruzzi et al., supra
note 25, para. 119; and Case of Loayza Tamayo, supra note 25, para. 68.
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