5
a)
in regards to the duty to comply with the right to freedom from ex post
facto laws and the requirements of due process in the new proceeding pending
against Ms. De La Cruz Flores:
i.
on July 11, 2006, the Sala Nacional de Terrorismo (National
Chamber on Terrorism) rendered judgment in the second criminal
proceeding, and sentenced Ms. De La Cruz Flores to a prison term
equivalent to the period of time she was held in custody until she was
released in July 2004. Neither she nor her defense counsel was able to
get a copy of said decision, which nevertheless the defendant moved to
vacate at the sentencing hearing;
ii.
on July 11, 2006, the Superior Assistant Prosecutor filed a motion
to vacate the judgment with regard to, inter alia¸ the decision to deem
the prison term imposed on Ms. De La Cruz Flores served;
iii.
even though the Corte Suprema (Supreme Court of Peru) has not
ruled on the motions filed against the judgment of conviction rendered in
the second proceeding pending against Ms. De La Cruz Flores, due
process violations have already taken place throughout the proceeding
that resulted in her conviction for medical acts and her suspension from
the practice of medicine for one year;
iv.
the State violated the right to freedom from ex post facto laws
and due process of law in the new criminal proceeding pending against
Ms. De La Cruz Flores when it prosecuted the victim for acts that the
Inter-American Court found in its Judgment to be “essentially lawful” —
medical acts—, and when it continued to maintain as valid procedural
steps that the Inter-American Court found to be invalid. Moreover, the
State prosecuted her twice for the same acts by applying different
statutory provisions, i.e. Section 5 of Law No. 25475, and the 1921 and
1991 Criminal Codes, as amended;
v.
court procedures in the second criminal proceeding exceeded a
reasonable time for the commencement of the trial. Furthermore, due to
delays and suspensions of the trial hearings Ms. De La Cruz Flores’s job
was adversely affected;
vi.
the State failed to comply with its duty to observe the right to
freedom from ex post facto laws insofar as during the second proceeding
no new evidence was introduced to prove Dr. De la Cruz Flores’s
membership in the terrorist organization Sendero Luminoso and other
evidence gathered during the preliminary investigation, which was
favorable to her, was not taken into account by the Sala Nacional de
Terrorismo (National Chamber on Terrorism) in the judgment of
conviction. None of the witness statements include a detailed or express
accusation of having engaged in conduct outside the scope of standard
medical practice;
vii.
such National Court based its finding of liability on the content of
the statements made by witness Code No. A2230000001 and Jacqueline
Aroni-Apcho and Elisa Mabel Mantilla-Moreno, offered in the first
proceeding. By automatically introducing said evidence into the second
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