31. Regarding the application of statutory limitations, the alleged victim further claims that in
his criminal trial he argued that statutory limitations applied since the events took place in 1989,
1991, and 1992, and, since enforcement of the 1924 Criminal Code was more favorable, he
requested that the terms of Article 119 of such Code be applied to him. On the other hand, the
National Terrorism Chamber held that this was a continuing crime, stating that similar actions
breaching the same legal provision took place at different times during 1989 and 1992.
Therefore, the statute of limitations began to run at the time the criminal activity stopped. The
petitioner reports that according to the National Terrorism Chamber, statutory limitations apply
after the maximum punishment for a crime plus half the time of such punishment has elapsed.
Since the maximum prison term is 20 years and half of that is ten, statutory limitations for the
prosecution of those offenses apply after a period of 30 years; a period of time that had not yet
passed at the time criminal charges were filed with the domestic courts.
32. Finally, the petitioner states that he suffers from diabetes mellitus with progressive loss of
vision, an unspecified paralytic syndrome, and secondary hypertension. Furthermore, he claims
that since his arrest in 2003, he has been hospitalized on June 5 and 7 of 2004 at the
neurosurgery service of the Guillermo Almenara Health Center. He also claims to have received
inappropriate medical treatment because of the lack of medicines at the prison where he was
being held at the time he submitted the petition before the Commission. Additionally, the
petitioner claims that in 2002, an MRI scan was performed on him, as a result of which he was
prescribed lumbar disc surgery; however, the procedure was not performed since he was held
in Miguel Castro Castro maximum security prison.
33. Based on the foregoing arguments of fact and law, the petitioner maintains that the Peruvian
State violated his right to humane treatment, to personal liberty, to a fair trial, and the principle
of legality, as set forth in Articles 5, 7, 8, and 9 of the American Convention, respectively, in
conjunction with the obligation to respect rights and to adopt domestic legal effects set out in
Articles 1(1) and 2 thereof.
34. In addition, the alleged victim maintains that exercising the medical profession, against the
backdrop of turmoil that existed in Peru, was not without pressure and threats brought to bear
by the armed groups, which demanded treatment for their members who fell sick or were injured
as a result of their terrorist activities. The alleged victim maintains, however, that the State dealt
harshly with medical professionals, paying no heed to the possibility of threats or coercion or to
the duty of health professionals to assist all those who so require, irrespective of age, illness or
affliction, creed, ethnic origin, sex, nationality, political ideology, race, sexual orientation, social
class, or any other factor. In that regard, the petitioner holds that even those who have
committed such atrocious offenses as terrorism are entitled to treatment by a doctor, and that
under no circumstance should such medical practitioner, who legally renders assistance as part
of its profession, be considered a lawbreaker. The petitioner adds that although the law requires
criminal acts to be reported to the authorities, Peru’s 1993 Constitution protects professional
secrecy (Article 2, section 18, of the Peruvian Constitution11) as a duty derived from medical
practice which, consequently, lifts the legal obligation to report crimes, particularly when the
person has justified fear of reporting such crimes.
35. With regard to the petition’s admissibility requirements, the petitioner claims to have sought
judicial protection through domestic venues by using the remedies available for such purpose;
notwithstanding those efforts, however, he was sentenced to ten years in prison for legally
exercising his profession as a physician. Specifically, the petitioner states that domestic remedies
were exhausted after he filed for annulment against the judgment of the National Terrorism
Chamber of February 24, 2004, which concluded with his conviction and the matter becoming
res judicata.
understood that the collaborative acts listed thereafter (five or six, depending on the law) are intended as mere
examples; in other words, they do not constitute an exhaustive list.” pp. 37 and 38.
11
Constitution of Peru. Article 2: “All persons shall be entitled: … 18. To reserve their political, philosophical, religious,
or any other convictions, and to observe professional secrecy.”
6
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