E/CN.4/1999/63/Add.2
page 10
the use of arms, explosive materials or devices or any other means which may
cause criminal damage or serious disturbance of the peace or affect the
international relations or security of the State.
43.
The penalty
anyone who orders
who cause damage,
in the commission
depends on where the perpetrator stands in the organization:
or commits murder is given a life sentence; other activists
loss or injury, 30 years; anyone who “in any form” assists
of terrorist acts, a minimum of 20 years' imprisonment.
44.
The vagueness of the definition, particularly of the first part, has
given rise to cases of arbitrary detention. The term “acts” (which may not be
offences) against life, physical integrity, health, etc. is just as vague, and
even more so is the fact that the material objects affected may be “other
goods or services”. A person who carries out an attack on property and causes
fear in a sector of the population, even if that was not his intention, is as
criminally liable as someone who attacks a group of persons with intent to
kill.
45.
It is, moreover, not good legislative practice to establish only
minimum, but not maximum, penalties, thus leaving room for violations of one
of the aspects of the principle of legality.
46.
Acts of collaboration without criminal intent, a form of criminal
participation that is normally not punishable, and the concealment of another
crime may be punished. The Working Group received a large number of
complaints about this because, in many cases, people collaborated with
subversive elements only under duress.
2.
The offence of “treason”
47.
Decree-Law No. 25.659 of August 1992 penalizes aggravated forms of
terrorism (which it terms “treason”) committed in the following ways:
“(a) utilization of car or similar bombs, explosive devices,
weapons of war or similar weapons that cause death of persons, impair
their physical or mental health, damage public or private property or
in any other way give rise to serious danger for the population;
(b) storage or illegal possession of explosives, ammonium nitrate or the
chemicals used in its manufacture or the voluntary supplying of
components or materials that can be used in the manufacture of
explosives for use in the terrorist acts listed in the preceding
paragraph”.
48.
The Decree-Law amends the definition of “participation” given in
Decree-Law No. 25.475, considering as perpetrators of treason: the
ringleaders of terrorist organizations; those given the task of physically
eliminating other persons; anyone who provides reports, data or documentation
which facilitates the entry of terrorists into buildings or premises so that
damage may be caused. Life imprisonment is the only penalty.
49.
Such offences have nothing to do with what is usually defined as
treason. The Constitution in force when the Decree-Law in question was
enacted defined “acts which are accepted as such” as treason (art. 245).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents