86
a.
Furnishing documents and information on individuals and property,
facilities, public and private buildings, and any other information which specifically
contributes to or facilitates the activities of terrorist elements or groups.
b.
Assigning or using any type of accommodation or other means which
could be used to hide individuals or serve as a warehouse for weapons,
explosives, propaganda, supplies, medicines, and other belongings related to
terrorist groups or their victims.
c.
Willfully transporting individuals who belong to terrorist groups or are
linked to their criminal activities, as well as providing them with any kind of
assistance to help them escape.
d.
Organizing courses or leading centers of indoctrination and training of
terrorist groups, operating under any cover.
e.
Manufacturing, acquiring, holding, stealing, storing or supplying
weapons; ammunition; explosive, asphyxiant, flammable, toxic or other
substances or objects that might cause death or injury. Possessing, holding or
hiding weapons, ammunition or explosives belonging to the Armed Forces and the
Peruvian National Police constitutes an aggravating circumstance.
f.
Any type of economic action, help, or mediation carried out voluntarily
with a view to financing the activities of terrorist elements or groups.
186. Pursuant to Articles 322 and 5 of the Criminal Code and Decree-Law No.
25.475, respectively, the crime of membership in and affiliation with terrorist
organizations may be imputed to:
Article 322 of the Criminal Code of 1991
Those who are members of an organization made up of two or more people to
instigate, plan, promote, organize, disseminate or commit direct or indirect
terrorist acts provided for in this Chapter, shall be punished with no less than ten
years’ imprisonment and no more than twenty for the mere fact of joining the
group or association.
Article 5 of Decree-Law No. 25.475
Those who are members of a terrorist organization, for the mere fact of being a
member thereof shall be punished with at least twenty years’ imprisonment and
subsequent disqualification for the term established in the judgment.
187. The Court has held that under the Rule of Law, the principle of freedom from ex
post facto laws governs the actions of all State agencies, in relation to their respective
duties, particularly when they must exercise their punitive power.166
188. Concerning the nullum crimen nulla poena sine lege praevia principle of criminal
law, the Court has asserted that definitions of crimes must clearly describe the
criminalized conduct, establishing its elements, and the factors that distinguish it from
other forms of conduct that are either not punishable or punishable with non-criminal
measures.167
166
Cf. Case of Fermín Ramírez. Judgment of June 20, 2005. Series C No. 126, para. 90; Case of Lori
Berenson-Mejía, supra note 152, para. 126; and Case of De la Cruz-Flores, supra note 4, para. 80.
167
Cf. Case of Fermín Ramírez, supra note 166, para. 90; Case of Lori Berenson-Mejía, supra note 152,
para. 125; and Case of De la Cruz-Flores, supra note 4, para. 79.
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