The New Procedure on Terrorism Cases. Discussion Forum. Lima, May 22, 2003

EDAC, as part of its commitment to the defense of human rights, organized a forum on the new proceedings for terrorism cases. We found that, in the political and judicial handling of these cases, what is commendable is the decision to declare null and void all proceedings conducted by faceless judges, both in the military and in the ordinary courts — the only jurisdiction with competence to try civilians for any type of offense. In response to the action of unconstitutionality filed by more than five thousand citizens before the Constitutional Tribunal against the norms issued by the Fujimori government from 1992 onward, relating to the classification of the crimes of terrorism and treason against the homeland, the highest constitutional authority issued a ruling that treats treason and terrorism differently. The Constitutional Tribunal found that Legislative Decree 25659 — treason against the homeland — was institutional in character; and according to the declaration of the Tribunal's President, the ruling was issued on the basis of the jurisprudence of the Inter-American Court of Human Rights, which is mandatory. (Excerpt from the preface).