Democratic freedoms quashed in Perú: A call to action
Today, in the mainstream Peruvian newspaper El Comercio the great Peruvian writer Mario Vargas Llosa demonstrates that even a novelist of his stature can easily confound fact and fiction. Incredibly, at a moment when democratic freedoms in Perú are being trampled and Perú's behavior towards those who protest seem to be modeled after China, Vargas Llosa absurdly heaps praise on Peruvian President Alan Garcia's first twenty months in office. Perhaps because he is in Argentina Vargas Llosa is not in tune with the sad realities that have occurred in his country.
In a letter to you below that Lori wrote on March 21 based on Peruvian news reports, she asks for your help in notifying international human rights organizations to pressure the Peruvian human rights community to not remain silent any longer and to stand up for the preservation of democratic freedoms.
Lori's end-of-year statement
Thank you for your interest and support over the years. I have been working many hours in the prison bakery so that time passes more quickly as I wait out the remaining years of my sentence. There are still many people like myself, guilty or not of the crimes they are accused of, who are waiting out the next years, some with very lengthy sentences and parole prohibitions, who have not stopped dreaming of a more just world.
With the holiday season and the coming of the New Year I try to remember the most important events of this past year and the things that most surprised me.
Lori Berenson Commentary
On November 30, 1995, Lori was pulled off of a public bus in Lima, Perú. Like thousands of Peruvians, she was detained by the anti-terrorist police, tried for treason by a hooded military tribunal under draconian anti-terrorism laws and condemned to life in prison. On the 10th anniversary of her arrest, Lori releases a commentary.
Reflections on Inter-American Court Decision
On the morning of December 2, 2004 we learned through the press that the Inter-American Court of Human Rights incomprehensibly reversed the unanimous decision of the Inter-American Commission on Human Rights which, on April 3, 2002, had declared that Lori's civilian trial was riddled with violations of due process, that her rights under the American Convention on Human Rights needed to be completely restored, that she receive moral, psychological and financial indemnification for her wrongful suffering, and that Perú must bring its antiquated, draconian anti-terrorism laws into compliance with international standards.
This surprising Inter-American Court decision came as a shock to us and also as a shock to the Peruvian people. Monroy Galvez, the ad hoc judge who represented Peru in the Inter- American Court's closed-door deliberations and vote, stated in a Peruvian newspaper interview that on November 10 he received the more than 100-page "working draft document" of the Inter-American Court preliminary decision that he was to bring to the session in Costa Rica and it was very favorable to Lori - it had called for her release.
There may have been very good reasons for the judges to change their minds based on their closed-door deliberations in Costa Rica on November 24 and 25. We don't know. But it appears to us that in an effort to support the changes in post-Fujimori Peru and preserve tranquility among the Peruvian population who has in the past been traumatized by "terrorists," the Inter-American Court chose to sacrifice Lori. Justice and integrity were ignored -- pressure politics won the day. Unfortunately, this leaves little hope for individuals looking to this Inter-American Court to protect their rights.
Inter-American Court reverses Inter-American Commission in Lori's case
On a tragic day for human rights in the Western Hemisphere and in the world, President Toledo preempted the Inter-American Court's official decision and addressed his nation on TV and radio, praising the Court for Perú's "victory" over Lori and terrorism. We were finally notified of the verdict late in the afternoon. Peruvian sources state that Lori's case marked the first time in its history that the Inter-American Court reversed a decision of the Inter-American Commission.
By supporting the position of the Peruvian government against the Inter-American Commission on Human Rights of the Organization of American States, which ruled unanimously, 7 - 0, to condemn the system under which Lori was twice tried, the Inter-American Court of Human Rights, the highest judicial body in the Western Hemisphere, has incomprehensibly reversed its own position for the past 12 years and demonstrated support for the judicial processes promulgated by the totalitarian regime of former Peruvian President Alberto Fujimori and his "advisor" Vladimiro Montesinos.
On Saturday, November 20th 2004, Perú's foreign minister, Manuel Rodriguez Cuadros, made the shocking statement that if the Inter-American Court of Human Rights were to rule to free Lori the government of Perú would simply ignore the Inter-American Court.
On that the same day, Guillermo Cabala, Perú's chief prosecutor for terrorism stated that "Lori Berenson is not a terrorist. She has not committed terrorist acts." Mr. Cabala knows Lori's case quite well. He was the president of Perú's Supreme Appeals Court that, in February 2002, reviewed and sustained the conviction and 20-year sentence against Lori. However, the vote was 4 to 1 and it was ex-chief judge Cabala who wrote the lone dissenting opinion, opining that, at most, Lori should have been convicted of illicit association.
Lori's lawyers submit "Final Arguments" to San Jose Human Rights Court
On Monday June 7th the Inter-American Court of Human Rights acknowledged receipt of the "Final Arguments" in Lori's case that was presented by Lori's lawyers Ramsey Clark, Thomas H. Nooter, and Jose Luis Sandoval Quesada. "Final Arguments" were also sent by the Inter-American Commission on Human Rights, defending their lawsuit against Perú for failing to comply with its unanimous ruling in Lori's case in April 2002. We assume that the Peruvian government also sent its "Final Arguments" this past Monday.
The decision is now in the judges' hands. The Inter-American Court is scheduled to make its decision known in Lori's case later this year. The government of Perú has agreed to abide by the decision and President Bush has asked the Peruvian government for humanitarian considerations, regardless of what the Court decision is.
More...
Summary of the Articles of the American Convention on Human Rights that Perú has violated in Lori's case
Human rights court in Costa Rica hears Lori's case
In a marathon session that lasted seven hours, Lori's case was heard by the Inter-American Court of Human Rights on Friday, May 7. Rhoda provided 30 minutes of testimony on Lori's health, prison conditions, and case. Following questions from the other parties and the seven Court judges, the former Peruvian Justice Minister gave 30 minutes of testimony regarding Perú's attempts to alter its judiciary system following the downfall of the autocratic administration of Fujimori and Montesinos. A recess followed questions from the other parties and the seven Court judges. When the hearing reconvened, the legal team from the Inter-American Commission on Human Rights gave their final arguments. These were followed by the final arguments from Lori's three lawyers and those of Perú's legal representatives. Each of these presentations were for 40 minutes. A rebuttal period then followed with each party being permitted 10 minutes. The session concluded with the judges asking questions of the parties.
All parties have until June 7 to submit final documents to the Court. After that, the decision will be in the hands of the seven judges and will likely be announced by the Court later this year.
48 human rights advocates endorse Amicus Curiae ("Friend of the Court") Brief in support of Lori's case
An Amicus Curiae endorsed by 48 human rights organizations and advocates throughout the western hemisphere in support of Lori's case was submitted to the Inter-American Court of Human Rights. The Amicus Curiae was developed by Dr. Gil Barragan, a prominent judicial authority in Ecuador, whose son Juan Pablo developed the www.lorilibre.org Website in Spanish. Among the signors are two Nobel Peace Prize recipients and several well-known human rights advocates in the western hemisphere.
More...
Read the brief
Read the brief in Spanish
Human rights group designates Lori "a Prisoner of Conscience"
Lori was one of three individuals recently designated as Prisoners of Conscience by The Torture Abolition and Survivors Support Coalition (TASSC).
Peruvian Court fails to comply with international standards
On January 3, 2003, Perú's Constitutional Court announced that one of the four anti-terrorism decrees promulgated by the now disgraced autocratic ex-president Alberto Fujimori is unconstitutional and unenforceable, and the other law decrees have serious legal defects. Thus, with the single exception of the most notorious procedure, that of the secret military tribunals, Perú's Constitutional Court has completely failed to comply with prior decisions of the OAS, Inter- American Commission on Human Rights and Inter-American Court of Human Rights. Instead, in an apparent effort to 'create the appearance' that it has taken courageous and historically important steps in reforming Perú's laws, the Constitutional Court has retained within the law mostly all of the abuses instituted by the Fujimori regime, accomplishing the same ends through the civil courts.
Human Rights Court accepts Lori's case for review
President Toledo states Perú will abide by court ruling
On 6 September 2002, the Inter-American Court of Human Rights in San Jose, Costa Rica notified the involved parties that it admitted for review the petition filed by the Inter-American Commission on Human Rights on Lori's behalf against the government of Perú. In a blow to the government of Perú, however, the Court refused to treat, as a separate case, Perú's counter-petition against the Commission's recommendation in favor of Lori. Perú must now convince the Court that the Commission's recommendation was incorrect.
The petition by the Inter-American Commission on Human Rights was a vindication for Lori and has acted to bolster human rights in Perú. The Commission has recognized its long established determination that Perú's authoritarian laws instituted by the now disgraced former president Alberto Fujimori are illegal and violate fundamental human rights.
Although the ruling of the Inter-American Commission on Human Rights was sent to Perú confidentially, and it was not to be publicized, portions were printed in a Peruvian newspaper.
Peruvian President Alejandro Toledo has declared that his government will fully adhere to the ruling by the Inter-American Court of Human Rights in Lori's case.
More on the Court's acceptance...
More on the Commission's petition...
Lori's reaction...
reacción de lori...
Lori Berenson is a US citizen currently being held as a political prisoner in Cajamarca, Perú. After serving nearly five years in harsh Peruvian jails high in the Andes, her conviction for treason against Perú and her life sentence were overturned. In June 2001 she was cleared of terrorism-related charges but convicted of collaboration, and sentenced to twenty years in prison in a trial that the Inter-American Commission on Human Rights claims completely violated her rights.