One cannot help but wish that a Democrat had been elected for Lori's
sake. Clinton and many Congress people supported Lori's release. Bush
has turned away. Lori was married while in prison to a fellow prisoner
now released with whom she can have no contact. EAK
Peru Won't Release Imprisoned N.Y. Woman
LIMA, Peru - Peru will not abide by an international human rights court
ruling supporting the release of Lori Berenson, a New York woman
imprisoned for collaborating with Marxist guerrillas, the country's
foreign minister said, according to news reports Saturday.
The Inter-American Human Rights Court, the Costa Rica-based legal arm of
the Organization of American States, is scheduled to deliberate
Berenson's case Nov. 24-25 to decide whether she received a fair
civilian retrial in 2001. Peru is an OAS member.
"If this error were made, the Peruvian state, with legal justification,
would take the position of not liberating any person accused of
terrorism," several newspapers quoted Foreign Minister Manuel Rodriguez
saying Friday from Santiago, Chile, where he attended the Asian-Pacific
Economic Cooperation forum.
"In no case would any disposition be observed that recommends freedom of
people accused of terrorism in Peru."
Berenson, 34, was arrested in 1995 for allegedly helping the Tupac Amaru
Revolutionary Movement. Former President Alberto Fujimori identified her
as a leader in a foiled plan to seize Peru's Congress and exchange
hostages for imprisoned MRTA members.
Berenson was convicted by hooded military judges, who denied her a
chance to present evidence or cross-examine witnesses. She was sentenced
to life imprisonment without parole.
At her 2001 retrial, which came after intense U.S. pressure, she was
convicted of the lesser charge of terrorist collaboration and sentenced
to 20 years in prison, including time served.
But Berenson's defense team, led by former U.S. Attorney General Ramsey
Clark, argued that her retrial was based on Fujimori's draconian
anti-terrorism laws and failed to meet international standards for due
process.
Also, Berenson was improperly tried twice for the same crime, Clark
said, and faced hostile judges who relied on coerced testimony and
tainted evidence from the earlier military trial. Berenson has denied
any wrongdoing.
Peruvian legal experts say the court could order Berenson's release, but
they believed it would more likely give Peru leeway to try her for a
third time _ a result that last month Berenson said she also anticipated.
Her case is a touchy issue for President Alejandro Toledo, who has vowed
that "no accused or convicted terrorist" will be released on his watch.
Toledo said Saturday at the APEC forum in Chile he will await the
court's ruling before making any decision on Berenson's fate.
Political analysts say that with his approval rating hovering around 10
percent, Toledo does not want to be labeled by opponents as soft on
terrorism _ particularly after the embarrassing collapse last week of a
civilian retrial against Shining Path founder Abimael Guzman and his top
rebel commanders.
Copyright 2004 The Associated Press. All rights reserved. This material
may not be published, broadcast, rewritten or redistributed.
--
"A war is just if there is no alternative, and the resort
to arms is legitimate if they represent your last hope." (Livy)
--
Ed Kent 718-951-5324 (voice mail only) [blind copies]
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