Decree Law No. 25659 of August 13, 1992 created the crime of treason, denaturalizing its traditional conception and limiting it to a legal denomination of the aggravated type of the crime of terrorism. The law established that treason is committed by those who use car bombs, explosive devices or weapons …
Decree Law No. 25708, enacted on September 10, 1992, established the procedural rules for the crime of treason. This norm was part of the set of anti-terrorist legislation enacted after the coup d'état of April 1992. The decree was part of a legislative scheme that granted broad powers to police …
The Constitutional Court declared inadmissible the action of unconstitutionality filed against amnesty laws 26479 and 26492, considering that their effects had already been exhausted. This decision consolidated the impunity granted by the amnesty laws and was later contradicted by the Inter-American Court of Human Rights, which would declare such laws …
The Constitutional Tribunal of Peru declared that allowing military tribunals to try civilians for crimes such as treason and terrorism is unconstitutional. This decision aligns with the interpretation of the Constitution and international human rights instruments, emphasizing the right to a natural judge. The ruling highlights that civilians should not …
The Constitutional Court issued a ruling on Case No. 1277-99-AC/TC that established the concept of special or reasoned pardon as a form of recognition of a miscarriage of justice. The ruling stated that it is a sui generis type of benefit, applicable exclusively in cases in which an innocent person …
In 2002, in response to the rulings of the Inter-American Court of Human Rights on due process violations in Peru, the Constitutional Court declared null and void a large part of the so-called anti-terrorist legislation enacted by the government of former President Alberto Fujimori. As a result, the Peruvian State …
On November 19, 2002, the Constitutional Court declared partially founded an Habeas Corpus action filed on behalf of Juan Islas Trinidad and other inmates of the Challapalca prison, against the Ministers of Justice and the Interior and the President of INPE. This ruling ordered the INPE to transfer inmates whose …
On January 4, 2003, the Constitutional Court published its ruling declaring the unconstitutionality of various articles of the Decree Laws that made up the anti-terrorist regulatory framework enacted since May 1992. This ruling constituted the breaking point with respect to legislation that did not correspond to or conform to the …
On March 25, 2003, the Sala Nacional de Terrorismo annulled the sentences previously issued by the Fuero Militar in Peru. This decision was made in accordance with Legislative Decree N° 922-2003, which implemented the Sentence of the Constitutional Tribunal N° 010-2002-AI/TC. As a result, a new trial was initiated in …
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