37
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indiscriminately as either one crime or the other.”
The Court placed particular emphasis on the
problems that this type of ambiguities cause, as their effect may be to restrict due process guarantees,
depending on which category of crime is charged; the effect may also be to change the penalty
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imposed.
The Court also wrote that in such situations, the accused has no way of knowing to a
certainty what the criminalized behavior in each category is, the elements used in its commission, the
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objects or assets against which it is directed, and the impact it has on the whole of society.
122. The Inter-American Court has also had occasion to assess the precision with which
crimes are described, irrespective of their connection to other crimes. Thus, for example, in the case of
the crime of slander in Chile and Venezuela, the Court held that it incorporates a ” description that is
vague and ambiguous and it does not specify clearly the typical forum for a criminal behavior, which could
lead to broad interpretations, allowing the determined behaviors to be penalized incorrectly by using the
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criminal codification.”
In the case of Usón Ramírez specifically, the Court made reference to the lack of
specificity as to the injury that must be present for the conduct to qualify as slander. In the Court’s words,
“[S]ince it does not specify the injury required, such law allows that the subjectivity of the offended party
determine the existence of crime, even when the active subject did not have the intent to injure, offend,
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or disparage the passive subject.”
123. The Court has also addressed the imprecision in the definitions of certain types of crime,
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which include broad modalities of participation that de-characterize the respective crime
2.
Important considerations with respect to terrorism under international law and its
relationship to the principle of legality
124. Terrorism in all its forms is a serious crime under international law that involves a
profound and extreme violation of human rights and poses a threat to democracy, peace and regional
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and international security.
It is also a serious and meaningful threat to democratic governments and
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143
the institutions of democratic government.
It is a particularly cruel and abominable form of violence
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Referring to articles 1, 2 and 3 of Decree Law No. 25.659 and articles 2 and 3 of Decree Law No. 25,475, which
criminalized treason and terrorism, respectively, in Peru, but made it impossible to distinguish when a person was committing one
crime as opposed to the other.
See, I/A Court H.R., Case of Cantoral Benavides v. Peru. Judgment of August 18, 2000. Series C No. 69, paragraph 153;
I/A Court H.R., Case of Castillo Petruzzi et al. v. Peru. Judgment of May 30, 1999. Series C No. 52, paragraph119.
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I/A Court H.R., Case of Castillo Petruzzi et al. v. Peru. Judgment of May 30, 1999. Series C No. 52, paragraph119;
and I/A Court H.R., Case of Lori Berenson Mejía v. Peru. Judgment of November 25, 2004. Series C No. 119, paragraph 119.
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I/A Court H.R., Case of Lori Berenson Mejía v. Peru. Judgment of November 25, 2004. Series C No. 119, paragraph
117.
138
I/A Court H.R., Case of Usón Ramírez v. Venezuela. Preliminary Objection, Merits, Reparations and Costs. Judgment
of November 20, 2009. Series C No. 207, paragraph 56; and I/A Court H.R., Case of Palamara Iribarne v. Chile. Judgment of
November 22, 2005. Series C No. 135, paragraph 92.
139
I/A Court H.R., Case of Usón Ramírez v. Venezuela. Preliminary Objection, Merits, Reparations and Costs. Judgment
of November 20, 2009. Series C No. 207, paragraph 56.
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Referring to Article 2 of Decree Law No. 25.475, which criminalizes treason in Peru. Although the provision
contemplated an active perpetrator, it also included broad methods of participation in the commission of the offense, such as
“providing support,” thereby altering the very definition of the perpetrator, without ever clearly defining what the specific criminalized
behaviors were.
See. I/A Court H.R., Case of Cantoral Benavides v. Peru. Judgment of August 18, 2000. Series C No. 69, paragraph 155;
and I/A Court H.R., Case of Lori Berenson Mejía v. Peru. Judgment of November 25, 2004. Series C No. 119, paragraphs 117 and
118.
141
IACHR, Report on Terrorism and Human Rights, OEA/SER.L/V/II.116, Doc. 5 rev. 1, corr., October 22, 2002,
Executive Summary, paragraph 1.
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IACHR, Report on Terrorism and Human Rights, OEA/SER.L/V/II.116, Doc. 5 rev. 1, corr., October 22, 2002,
paragraphs 2, 3.
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IACHR, Report on Terrorism and Human Rights, OEA/SER.L/V/II.116, Doc. 5 rev. 1, corr., October 22, 2002,
paragraph 226, and Executive Summary, paragraph 17.