Lori Berenson - Trials

Trials

In accordance with anti-terrorism legislation enacted during a state of emergency declared by the authoritarian government of President Alberto Fujimori, Berenson was tried in a closed courtroom by a military tribunal on a charge of treason against the fatherland for leadership of a terrorist organization. This charge did not require Peruvian citizenship as an element. The proceedings were conducted by a hooded military judge who spoke through a voice distortion apparatus (judges often concealed their identities to protect themselves from assassination). On January 11, 1996, six weeks after her arrest and three days after her presentation to the media, Berenson was sentenced to life in prison. An appeal lodged against the conviction was dismissed on January 30. Due to the nature of the closed military court, Berenson became "a cause celebre for human rights campaigners" who disputed the fairness of the proceedings. In February 1999, after three years of fact-finding, the U.N. Working Group on Arbitrary Detention found that Ms. Berenson had been arbitrarily deprived of her liberty in violation of various articles of the Universal Declaration of Human Rights, of which Peru is a signatory. According to the Carter Center among the violations of international legal standards and due process, "Ms. Berenson's trial was in a secret military court, where her lawyer was not allowed to cross-examine witnesses or challenge evidence," and former president Carter stated directly that he was "deeply concerned that Lori Berenson has not been afforded her rights of due process by law."

In 2000, after years of political pressure from the United States and the human rights community, Peru’s Supreme Military Council overturned Berenson’s treason conviction and life sentence and remanded her case to the civilian court for retrial. On June 20, 2001, a three-judge panel convicted Berenson of collaboration with terrorists, but ruled she was not a terrorist. She was sentenced to 20 years, with consideration given for time already served under her prior conviction.

In 2002, the Inter-American Commission on Human Rights of the Organization of American States condemned the system under which Berenson was tried. Alleging violations of the American Convention on Human Rights, to which Peru is a party, Berenson's case was referred to the Inter-American Court of Human Rights of the Organization of American States when the government of Peru refused to accept the Commission’s recommendations.

On November 25, 2004 the Inter-American Court upheld the conviction and sentence. The Court did condemn the judicial system under which Berenson was originally tried, and also condemned Berenson's earlier incarceration at Yanamayo Prison. Peruvian President Alejandro Toledo hailed the verdict, and The New York Times noted that few Peruvians have any sympathy for Berenson.