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For Immediate Release
13 March 2001 |
For more information, contact:
Gail Taylor (202-548-8480) or Bob Schwartz (212-475-3232) |
Berenson family leaves for Perú today to attend Lori's public trial
New York, NY - Rhoda and Mark Berenson are headed to Perú today to attend the oral public phase of the judicial proceedings against their daughter Lori that will begin on Tuesday, March 20. Ms. Berenson's 1996 conviction for treason against Perú following a secret military tribunal that Amnesty International termed a parody of justice was overturned by the Supreme Military Council on August 28, 2000. The Peruvian government now admits that Lori Berenson was not a member of a terrorist group. Her life sentence was nullified but her case was immediately remanded to Perú's special civilian terrorism courts for retrial in violation of guaranteed protection against double jeopardy.
These special courts were established by the disgraced former Peruvian President Alberto Fujimori who is now in self-imposed exile in Japan. The U.S. State Department and international human rights organizations have condemned these courts for their lack of openness, fairness, and due process. The Inter-American Commission on Human Rights of the Organization of American States (OAS), in an important decision in April 2000, held that it is not possible to get a fair trial in Peruvian civilian courts on terrorism charges because of the repressive statutes, procedures, and rules, and because of the nature of the personnel appointed in the Fujimori administration. Even though Mr. Fujimori is gone, these statutes, procedures, and rules still persist and many of judicial appointees are still in place. In addition, in 1997 the Inter-American Human Rights Court of the OAS ordered the release of a Peruvian citizen after a trial in the military courts on grounds she could not be tried twice for the same cause (i.e., double jeopardy). This is, of course, what is being done to Ms. Berenson.
For these reasons a new trial in the special civilian terrorism courts is prohibited by international law.
The Berenson family has faith that the truth will prevail and hopes that the court will therefore recognize their daughter's innocence. However, they are concerned that a fair trial may indeed be impossible because international criticism of these courts holds that a fair trial is not possible and, in addition, for five years Mr. Fujimori, for his own political gains, promoted intensely hostile misinformation about Ms. Berenson which formed the basis of extremely negative media coverage. Recently, the government of Perú has released videos secretly taped by Mr. Fujimori's spy chief Vlademiro Montesinos, demonstrating widespread corruption. One video from January 1998 shows how Lori Berenson's case was manipulated for political purposes all along. In this video, Mr. Montesinos observed that he could cause her to be retried in civilian courts to deflect international criticism of the military courts and he even presumed to set the sentence, 10 to 15 years, that would be imposed by judges that he controlled. The Miami Herald (March 11, page A1) quoted him saying in this video, Right now I could tell the Supreme Council of Military Justice to bring her here from Yanamayo [Prison]. We don't need to consult with anyone. There was never any respect for truth, justice, or the rule of law. Lori Berenson's case was always a political rather than judicial matter.
The process discussed in the January 1998 video was finally initiated in September 1999 in an effort to alleviate international pressure following the May 1999 decision of the Inter-American Human Rights Court that declared Peruvian military tribunals illegal in a case involving four Chileans. Perú's subsequent withdrawal from the jurisdiction of the Inter-American Court brought condemnation and protest throughout the Western Hemisphere. Lori Berenson's military sentence was finally nullified on August 28, 2000 after a series of delays caused in part by Mr. Fujimori's decision, in violation of Perú's Constitution, to run for a third term and his subsequent repeated condemnation and use of Lori Berenson during the political campaign.
Although the present government of interim President Valentín Paniagua is struggling to reestablish democracy and human rights, these special civilian terrorism courts perpetuate the injustices of Mr. Fujimori and bring Perú into conflict with the OAS. The OAS, other international organizations, the U.S. State Department, and human rights groups in Perú have urged that the judicial system be reformed to insure due process and other guarantees of real justice and that these special courts be eliminated. Lori Berenson's supporters do not understand why she or anyone else should be undergoing trials in these universally condemned courts.