In Congress there is a willingness to debate and approve a reform to the anti-terrorism law which dates from 1992. But, how should this be so that there is really an exemplary sentence against whoever, for political purposes, frightens the citizenry?
The laws of Spain and Mexico could serve as an example for Peru. Both States have updated their penal codes in the last ten years.
In the case of Spain, in 2015, its criminal text was updated to investigate and sentence individual conduct; this under the justification that “the new threats require updating the regulations to accommodate the phenomenon of individual terrorism.”
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Before – as explained in the preamble to the reformed law – the sanction was for “those who belonged to, acted in the service of, or collaborated with terrorist organizations or groups.”
In Mexico, in 2014, an effort was made to strengthen its anti-terrorism law and a text was approved stating that the crime of “terrorism is committed by anyone who, using explosives, toxic substances, firearms or by fire, flood, or any other violent means, perform acts against people, things or services to the public that cause alarm, fear, terror in the population or in a group or sector of it, to disturb public peace, or try to undermine the authority of the State , or put pressure on the authority to make a determination”.
The professor of Political and Social Sciences of the National Autonomous University of Mexico Javier Oliva Posada explained to Peru21 that “in Mexico, in the government of Enrique Peña Nieto, the resurgence of criminal activity increased and some legal clarifications had to be made to distinguish between one event (organized crime) and another (terrorism). Although both are illegal, the great nuance is the claim that the terrorists make.
Oliva added that before (the legal reform against terrorism in 2014) the Mexican code was very lax.
In Peru, unlike Spain and Mexico, crimes of terrorism have not been individualized and the Criminal Code that deals with them has not been updated since 1992. In 2017, only the crime of apology for terrorism was modified.
AND THE PERUVIAN LAW?
“Until now, what we have had is the commission of an act of terrorism by someone who belongs to a terrorist organization,” former Interior Minister Rubén Vargas told this newspaper regarding the need to identify the actors.
Vargas also agreed on the need to reform the Penal Code. “The National Prosecutor must convene a team that works to update the crimes of terrorism in Peru. The Dircote should be there, which is the specialized Police, the Anti-Terrorism Prosecutor’s Office, the Ministry of Justice and from civil society we could contribute to this debate, which is absolutely necessary”.
Pedro Yaranga, an analyst on security issues, indicated that “all attacks on critical national assets (airports, hydroelectric plants, etc.) should be classified as crimes of terrorism.”
However, Rubén Vargas warned that “extreme care” must be taken so as not to use the criminal offense of terrorism for situations of violence that arise in the context of social conflicts because “a serious mistake would be being made and that is convenient for those who they could be behind promoting terrorist actions.”
KEEP IN MIND
- In Barcelona, a man with a machete killed a sacristan and injured a priest in attacks on two churches in the city of Algeciras. Yesterday, the Spanish Ministry of the Interior reported that the authorities are investigating the event as a possible act of terrorism.
- Under Peruvian law, you can only be prosecuted for terrorism if the person belongs to a terrorist organization.
