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Wednesday, May 30, 2001
To: All Friends and Supporters of Lori Berenson
FIVE AND A HALF YEARS IN PRISON AND STILL WAITING FOR JUSTICE -- TRIAL STALLED
Today marked five and a half years of Lori�s wrongful incarceration. The public hearings, now in the 11th week, have been dragging on and the 27th session,
scheduled for yesterday, was postponed. We were given less than 24 hours notice and we had to notify US Embassy officials who �monitor� the proceedings to
prevent them from taking an unnecessary trip to Lurigancho Prison. The alleged reason for this postponement was that one of the judges, Carlos
Manrique, was involved in another trial in the central jungles of Peru.
Dr. Javier Llaque, the Court Secretary, predicted that the hearings would likely resume on Friday and that all remaining documents and testimony would be read
and that Court Prosecutor Navas, Special Government Prosecutor Cavagnaro, and Defense Lawyer Sandoval would each give their concluding remarks. Dr. Llaque
then predicted the court would recess for eight working days before Lori makes her final statement and the verdict and possible sentence are announced. He
predicted this would occur in mid June. Keep in mind he is the same man who three weeks ago predicted the verdict would be reached at the end of May. We are
almost certain that it will be impossible for the court to accomplish all of the above goals on Friday � should a session be held on that day.
PROBLEMS IN THE PERUVIAN JUDICIAL SYSTEM
For 23 sessions the three judges always were ready to begin the public hearings promptly. For reasons not clear to us, the last three sessions started late and
now the session scheduled for May 29 was cancelled. It has been clear from public comments made by the court that the three judges are reluctant to reach a
verdict without first learning if the motion by Lori and her lawyer to remove Chief Judge Marcos Ibazeta is granted by the higher court on appeal. As stated in
our last update, the judges have resorted to reading lots of �irrelevant testimony� and documents in an effort to slow down the proceedings.
Peruvian law stipulates that the appeals process must be accomplished within 15 days. However, Thursday May 24, the latest expected date on which to rule on the
petition to force Chief Judge Ibazeta from Lori�s case passed uneventfully. The excuse was that the recent reconstitution of the higher court owing to the dismissals of numerous judges for incompetence and/or corruption slowed down the appeals process.
It is well-known to our readers that the Peruvian Judicial System has many problems including incompetent and/or corrupt personnel, and it is good that this current Peruvian Government is addressing these problems. However, the problems in the system cannot be addressed without discussing the fact that the anti-terrorist legislation drafted by former President Fujimori is illegal according to international standards and in some places violate the Peruvian Constitution and therefore needs to be completely reformed; to dismiss incompetent judges is not enough. The anti-terrorist legislation of the Peruvian Penal Code has been used to sentence thousands of innocent Peruvians not just because of incompetent judges and corrupt police, but, as Human Rights Watch: Americas' Executive Director Jose Miguel Vivanco has stated, because the laws are so vague that anyone could be considered a terrorist.
Of course, this is why we have been saying all along that Lori should be released, because it could take years to resolve these issues to make sure that the Peruvian Judicial System has fair, independent, and competent courts. Lori already had one "trial" that was a travesty of justice, and this current trial has brought to light the serious issues that Peru needs to deal with in reforming the judicial system, and also the fact that the prosecution has not presented evidence to support their claims that she collaborated with terrorists. Rather than keeping Lori in prison to endure this unfair system and wait for changes to be made, she should just be released.
PERUVIAN PROFESSOR DEFENDS LORI
Widely known Peruvian poet Winston Orrillo Ledesma, a professor from Lima�s San Marcos University, the oldest functioning institution of higher education in
the Western Hemisphere, published a stunning article in defense of Lori in the Peruvian newspaper Liberaci�n on Monday May 28. It marks the first time a Peruvian scholar inside Peru has publicly given support for Lori and acknowledged complete agreement with her strong critique of lack of justice and opportunity here.
We are grateful to Doctor Orrillo for his uplifting commentary. The article appears on the website in English and will soon be available in Spanish. http://www.freelori.org/news/01may28_liberacion.html.
THE PASSING OF CONGRESSMAN JOHN JOSEPH MOAKLEY
All of us who care about human rights and justice mourn the loss of Congressman Joe Moakley of Massachusetts and today Lori was particularly saddened
to learn this news.
Congressman Moakley was a truly dedicated public servant. When told a few months ago that his incurable leukemia was advancing rapidly and that if
he had unfinished business to tend to or plans to travel that this would be the time to do these things, Congressman Moakley simply said that he was elected by
the people of South Boston to work for them in Congress and that is what he wanted to do. He served them and our country until the very end.
When Lori was a student in the Boston/Cambridge area, Congressman Moakley shared Lori�s and thousands of others� passion for justice and democracy in El
Salvador and over the years he did much to advance freedom and democracy in that country.
On July 27, 2000, immediately before the 106th Congress recessed last summer, Congressman Moakley made the following speech in the House of Representatives:
�... It is time this nation stands up for Lori � it is time for Lori to come home.�
May these words come true and may this wonderful man rest in peace.
Rhoda and Mark Berenson
Website: http://www.freelori.org
