First sentence handed down in Peru for apology of terrorism on social networks

The National Superior Court of Justice sentenced Rodrigo Benjamín Benites Silva to eight years in effective prison for the crime of apology for terrorism by extolling the figure of the terrorist leader from social networks Abimael Guzman.

The Prosecutor’s Office and the Anti-terrorism Prosecutor’s Office accredited before the Fourth National Criminal Court that Benites published a video on Facebook that exalts and justifies Guzmán, late leader of criminal organization Sendero Luminoso.

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During the reading of the sentence, held on January 18, Judge Lorena Sandoval indicated that the publication was made by the sentenced person from the “Red Flag” profile, on May 18, 2021, and that although Benites Silva alleged that his account had been hacked, he did not present evidence to prove that version.

Sandoval said that the phrase broadcast in the video with which Benites Silva commits the crime of apology for terrorism is the following: “Great Marxist president, the leader Abimael Guzmán has reached the maturity of his thought, he is not a terrorist, a great communist and an example to follow.”

Rodrigo Benites from Piura.

The convicted person must also pay S/10,000 for civil compensation in favor of the State.

This is the first conviction for the crime of apology for the crime of terrorism provided for in article 316-A of the Penal Code, which was incorporated with Law No. 30610 published on July 19, 2017.

The anti-terrorism attorney Milko Ruiz warned that any statement, publication or expression in which terrorism or a person convicted of said crime by final sentence is exalted, glorified or justified, constitutes an apology crime punishable with a custodial sentence of up to 15 years. years.