Crime of Terrorism: The Abimael Guzmán Reynoso Case

On October 13, 2006, the National Criminal Court issued a ruling in Consolidated Case No. 560-03. This case involved the trial of several dozen murders and acts of sabotage perpetrated by Sendero Luminoso during the bloodiest periods of the internal armed conflict experienced by Peru during the last two decades of the previous century. Undoubtedly, the events examined in this ruling have significantly marked the recent history of our country. The case puts on trial none other than the leadership of Sendero Luminoso, and in particular the actions of its leader and founder Abimael Guzmán at the helm of his organization. The ruling of the National Criminal Court addresses a series of important legal issues, but we believe that without doubt the most important concerns the debate over the attribution of responsibility to members of the Sendero Luminoso leadership, especially Abimael Guzmán, who did not directly carry out any of the acts attributable to his non-state organization. Therefore, under the classical theory of functional control of the act, the so-called "intellectual author" would not be held responsible, which in the context of the grave violations of fundamental rights identified is unacceptable. (Excerpt from the preface).