“new law” against apology of terrorism is a fascist muzzle

Proletarians of all countries, unite!

“NEW LAW” AGAINST APOLOGY OF TERRORISM IS A FASCIST MUZZLE, REJECT IT IN DEFENSE OF THE DEMOCRATIC RIGHTS AND FREEDOMS OF THE WORKING CLASS AND THE PEOPLE!

Central Committee Communist Party of Perú May 2017 1

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“NEW LAW” AGAINST APOLOGY OF TERRORISM IS A FASCIST MUZZLE, REJECT IT IN DEFENSE OF THE DEMOCRATIC RIGHTS AND FREEDOMS OF THE WORKING CLASS AND THE PEOPLE! 1. Under the Fujimori dictatorship a whole set of anti-terrorist legislation violating demo-bourgeois rights and freedoms was conceived, manifesting its feature which undermines the Rule of Law, and is eminently dictatorial, authoritarian and corrupt.

2. In the face of this, in 2002, relatives, lawyers and friends of the prisoners of war and political prisoners of Perú collected 14 thousand signatures to present a legitimate legal action on its unconstitutionality; which added to the criticisms and questioning by part of the Inter-American Commission on Human Rights and some democratic representatives of human rights organisations in Perú.

3. Among the achievements obtained in this legal action, the Decree Law of Treason against the homeland was repealed, and various aspects of Decree Law 25475 against terrorism were modified; one of these is the reinterpretation or modification of the definition of apology of terrorism contained in the Penal Code for violating freedom of expression, essential principle of a democracy and contained in the current Political Constitution.

4. The ruling of the Constitutional Tribunal (STC No. 010-2002-AI/TC) of 2003 stated:

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“... the Constitutional Tribunal considers that article 7 of Decree Law 25475 and article 1 of Decree Law 25880 are unconstitutional, in that they typify the crime of apology of terrorism, in its generic and aggravated version ...

Finally, the Constitutional Tribunal recognises the fact that, behind criminal types of this nature, they have occasionally tried to silence the expression of minority or opposition groups against the regime of the moment. ... not any expression of a favourable opinion regarding a terrorist act, or its perpetrator, constitutes an offense; but certain limits must be respected. These are: a) That the exaltation refers to a terrorist act already carried out; b) That when the apology refers to the person who committed the crime, it must have the status of convicted by a definite sentence; c) That the means used by the apologist is capable of achieving the publicity required by the criminal type, that is, it must be a suitable way to impart praise to an indeterminate number of people; and, d) That the exaltation affects the democratic rules of plurality, tolerance and search for consensus�.

5. Since the fall of the Fujimori dictatorship, its members have not ceased to attack the adjustments of the anti-terrorist legislation to the parameters of Democracy, preferring and propagating the viola4

tion of the Constitution and the essential freedom of expression, consubstantial to a real democracy or Rule of Law. 6. Today, in PerĂş, an extreme right-wing position, reactionary, denial of rights and freedoms has been imposed in the Sate that seeks to maintain the neoliberal economy and to burden the crisis upon the shoulders of the people.

This position has the control over the Congress by a Fujimori faction, and the Executive with the other technocratic faction; both advance in collusion and struggle in accordance to their particular interests.

Their struggle has as their root, who receives the profits, and their collusion is expressed in the denial of democratic rights and freedoms and neoliberalism; part of this collusion is the so-called anti-terrorist struggle.

7. The Fujimori faction believes that it is the most favourable political moment to introduce its antidemocratic positions by imposing them in Congress dominate by them due to their absolute majority. In addition, its fight focuses on undermining the other faction in order to force it to go along the extreme right path, reason why it removes the ministers who possess some demo-bourgeois gleam. Yesterday they removed Saavedra, O. Humala´s minister, who continued being Minister of Education under la current regime; today they aim against Basombrío, minister of the Interior, and has sought to get rid of him for some time now.

So they have used the May 1st march, which is not the first or only march that the popular organisation 5

Movement for Amnesty and Fundamental Rights has carried out, to take advantage and promote its law denying democratic rights and freedoms, because although it addresses anti-“terrorism”, in fact it is a muzzling rule that seeks to silence the people, placate the struggle for their rights, coerce freedom of opinion for the coming municipal elections, regional elections and the 2021 general election. That is, a law that “cleans the way for the Fujimori faction to return to the presidency”.

It is a repressive reactionary flag that will serve to impose again its corrupt and murderous dictatorship.

8. Moreover, in what context does such a muzzle with its “new” law of apology emerge? When there is no longer war, and all the leaders of the CPP are sentenced and have been for more than 25 years in prison; when new trials have been initiated against the leaders of the CPP, and the State and the Peruvian reaction only seek DESCREDIT, CHASTISEMENT, POLITICAL DESTRUCTION and NOT JUSTICE AND TRUTH, because they want a trial without right of defence, without guarantees, without public, without letting the defendants speak. This new law is another sample of the political persecution against Marxist-Leninist-Maoists, Gonzalo thought, extended to the people.

9. For this reason, WE REJECT AND REPUDIATE THE LAW PROJECT OF FUJIMORISM, BECAUSE IT IS A MUZZLE AGAINST THE WORKING CLASS AND THE PEOPLE. IN ADDITION TO THE UNDERMINING OF DEMOCRATIC FREEDOMS AND RIGHTS, IT IS UN6

CONSTITUTIONAL BECAUSE IT DENIES FREEDOM OF THOUGHT, EXPRESSION AND OPINION. AND WE CALL UPON THE WORKING CLASS, THE PEOPLE AND THE TRUE DEMOCRATS TO REJECT IT IN DEFENSE OF THE RULE OF LAW.

DOWN WITH THE FARSICAL TRIAL! DEFEND THE RIGHTS AND FREEDOMS OF THE PEOPLE AND THE ACCUSED! FREEDOM FOR ALL POLITICAL PRISONERS OF PERÚ AND PERSIST IN POLITICAL SOLUTION, GENERAL AMNESTY AND NATIONAL RECONCILIATION!

May 9, 2017

Central Committee Communist Party of Perú

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