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Arguments of the Commission
227.
In relation to Article 63(1) of the Convention, the Commission argued that:
a)
Lori Berenson should be the beneficiary of the reparations ordered by
the Court as a result of the violations that are declared;
b)
The State should adopt the necessary measures under the provisions
of its domestic law to ensure that the violations of Lori Berenson’s human
rights cease;
c)
The State should guarantee Lori Berenson the enjoyment of her
human rights that have been violated, and adopt pecuniary and nonpecuniary reparations;
d)
As a guarantee of non-repetition, the State should modify Decree Laws
Nos. 25,475 and 25,659, “given their [...] incompatibility with the
Convention”;
e)
The State should be ordered “to pay the relevant costs incurred at the
national level, and also those incurred at the international level by processing
the case before the Commission and […] the Court”; and
f)
The argument on admissibility presented by the State, namely, that it
had not submitted “to the Court the matter of the compensatory rights that
the Commission ha[d] calculated in favor of Lori Berenson […], because it
considered that the procedural mechanisms which domestic legislation
provides to all individuals to request reparation for any damages they allege
they have suffered had been available to her and she had not used them,”
was totally time-barred and refers to matters that had already been decided,
in both the report on admissibility and the report on merits.”
Arguments of the representatives of the alleged victim
228. In relation to Article 63(1) of the Convention, the representatives of the
alleged victim requested that:
a)
The State should carry out an “immediate modification” of the
Peruvian anti-terrorist legislation to adapt it to the norms of international law,
in accordance with the American Convention;
b)
The State should conduct an investigation into the facts of the case, to
identify and sanction those responsible for the unlawful acts committed
against Lori Berenson, and adopt all measures of domestic law necessary to
comply with this obligation;
c)
The State should establish a precise legal definition of the term
“terrorism.” “Terrorist acts” should be prosecuted when they are committed
by the State or any person or organization;
d)
Peruvian legislation should establish a classification of “political
prisoners”, which complies with the requirements of international law;
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