27 terrorism) stipulates that the aforesaid crime is to be investigated by the National Police and the Ministry of the Interior, and tried in the civil courts. Further, the regular judicial authorities were the only organs with the power to order the detention and imprisonment of the persons accused. As may be seen from the foregoing, the aforementioned Decree-Laws Nº 25.659 (crime of treason) and Nº 25.475 (crime of terrorism) separated the jurisdiction of the military and civil courts, assigning the crime of treason to the former, and the crime of terrorism to the latter. 62. Secondly, Ms. María Elena Loayza-Tamayo was tried and convicted by application of an exceptional procedure in which it is obvious that the fundamental rights embodied in the concept of due process were greatly restricted. Those proceedings do not meet the criteria of a fair trial, since the presumption of innocence was not observed; the defendants were not allowed to challenge or examine the evidence; the defense attorney's power was curtailed in that he could not communicate freely with his client or intervene in all stages of the proceeding in full possession of the facts. The fact that Ms. María Elena Loayza-Tamayo was convicted in the civil courts on evidence allegedly obtained in the military courts -even though the latter lacked jurisdiction- militated against her on two occasions in the civil courts. 63. Peru, by means of the military courts, breached Article 8(2) of the Convention, in which the principle of innocence is embodied, by accusing Ms. María Elena Loayza-Tamayo of a different crime to the one for which she was prosecuted and convicted, without having jurisdiction to do so, since, in any event, as indicated above (supra, para. 61) that charge could only be brought by the competent civil courts. 64. The Commission contends that Ms. María Elena Loayza-Tamayo was coerced into testifying against herself and admitting that she had participated in the acts for which she was charged. There is no such evidence on the record, for which reason the Court deems that there is no proven violation of Article 8(2)(g) and 8(3) of the American Convention. 65. The Commission requested reparation for Ms. Carolina Loayza-Tamayo, defense counsel for Ms. María Elena Loayza-Tamayo, for the alleged intimidation tactics and false accusations to which she was subjected by DINCOTE. The Court observes that the aforesaid attorney was not listed as a victim in the report submitted to the State by the Commission, in accordance with Article 50 of the Convention, and therefore deems the request to be inadmissible. XV 66. With regard to the Commission's complaint of the violation of the judicial guarantee that prohibits double jeopardy, to the detriment of Ms. María Elena Loayza-Tamayo, the Court observes that the principle of non bis in idem is established in Article 8(4) of the Convention in the following terms: 4. An accused person acquitted by a nonappealable judgment shall not be subjected to a new trial for the same cause. This principle is intended to protect the rights of individuals who have been tried for specific facts from being subjected to a new trial for the same cause. Unlike the formula used by other international human rights protection instruments (for example, the United Nations International Covenant on Civil and Political Rights, Article 14(7), which refers to the same "crime"), the American Convention uses the expression "the same cause," which is a much broader term in the victim's favor.

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