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).

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