--Ecer and Zeyrek v. Turkey, ECHR, 27 February 2001 (para. 29).
*****
The Court recalls that, according to its case-law, Article 7 embodies, inter alia,
the principle that only the law can define a crime and prescribe a penalty
(nullum crimen, nulla poena sine lege) and the principle that the criminal law
must not be extensively construed to an accused’s detriment, for instance by
analogy. From these principles it follows that an offence and the sanctions
provided for it must be clearly defined in the law. This requirement is satisfied
where the individual can know from the wording of the relevant provision and,
if need be, with the assistance of the courts’ interpretation of it, what acts and
omissions will make him criminally liable.
--Baskaya and Okçuoglu v. Turkey, ECHR, 8 July 1999 (para. 36).
Inter-American System
The Court considers that crimes must be classified and described in precise and
unambiguous language that narrowly defines the punishable offense, thus
giving full meaning to the principle of nullum crimen nulla poena sine lege
praevia in criminal law. This means a clear definition of the criminalized
conduct, establishing its elements and the factors that distinguish it from
behaviors that are either not punishable offences or are punishable but not with
imprisonment. Ambiguity in describing crimes creates doubts and the
opportunity for abuse of power, particularly when it comes to ascertaining the
criminal responsibility of individuals and punishing their criminal behavior
with penalties that exact their toll on the things that are most precious, such as
life and liberty. Laws of the kind applied in the instant case, that fail to
narrowly define the criminal behaviors, violate the principle of nullum crimen
nulla poena sine lege praevia recognized in Article 9 of the American
Convention.
--Castillo Petruzzi et al. Case, I/A Court H.R., Judgment of May 30, 1999
(para. 121).
*****
Decree Law No. 25,475, of May 6, 1992, defines terrorism at its Article 2 as an
act that "provokes, creates, or maintains a state of anxiety, alarm, or fear in the
population or in a sector thereof, performs acts against life, the body, health,
personal liberty and security, or against property, against the security of public
buildings, roads, or means of communication or of transport of any type, energy
or transmission towers, motorized facilities or any other good or service, using
arms, explosive materials or artefacts, or any other means capable of causing
damage or grave disturbance of the public peace, or affect the international
relations or the security of society and the State." This Decree expressly
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