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legislative faculties to the Executive to undertake a reform of the legislation in
order to comply with the ruling of the Constitutional Court (File number 0102002-AI/TC). Currently, draft laws are before the Justice and Human Rights
Commission designed to compensate victims of terrorism and of the State’s
excesses; they are at the stage of review, consultation and discussion, before
an opinion is issued.
Finally, in relation to the proceeding against Lori Berenson in the civil court,
the witness added that Congress had respected the principle of the separation
of powers and had not intervened in any way in this judicial proceeding.
c.
Testimony of Dennis Jett, United States Ambassador to Peru
from 1996 to 1999
Following the March 2002 meeting between President Bush and President
Toledo, Secretary of State Powell told the press that, during the meeting,
President Bush referred to the Lori Berenson case, noting that her second trial
had respected the rules of due process of law.
Also, during a press conference in the White House Press Secretariat on
March 26, 2002, when asked about the President’s position in the Lori
Berenson case, Ari Fleisher, Press Secretary, replied that, as he had said in
Peru, the President noted that due process of law had been ensured during
the second trial and that an international commission was reviewing the
matter.
Consequently, he considered that the United States Government’s official
position with regard to Lori Berenson’s second trial in a civil court could be
concluded from the two statements; namely, that Lori Berenson had an
“acceptable trial.”
d.
Testimony of Valentín Paniagua Corazao, former Constitutional
President of the Republic of Peru
He assumed the presidency of the Republic of Peru on November 22, 2000,
under Article 115 of the Peruvian Constitution, owing to the removal from
office of Alberto Fujimori, due to “lack of moral competence,” and the
successive resignations of the First and Second Vice Presidents of the
Republic. His Government’s goal was to initiate a process of transition
towards democracy, following the authoritarian period experienced by the
State, adapting its institutional structure to international standards for human
rights, respect for legality, political stability and economic equilibrium.
The acceptance of the contentious jurisdiction of the Inter-American Court,
following the Fujimori Government’s declaration of July 8, 1999, that it would
not acknowledge this jurisdiction and would not comply with the judgments
delivered by the Court, were steps in this direction. The judgments included
those relating to the Castillo Petruzzi et al. case, which referred to the
terrorism legislation and decided that the State was obliged to submit the
defendants to a trial before an ordinary, independent and impartial court. The
State responded to this decision by annulling Legislative Decree No. 27,152 of
January 18, 2001, and informed the international community that it had
complied with its human rights commitments. The Castillo Petruzzi et al. case