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Loaiza, was on December 9, 1995, “after [having] replied to the police
interrogations for eleven hours.” She was not allowed to meet with her lawyer
in private.
On the first day of her detention, a legal medicine examination was conducted
to determine whether she had been beaten or violated; the alleged victim’s
lawyer was not present during this appraisal. She was also taken to carry out
two search procedures, one of them at her apartment on December 4, 1995,
without the presence of her lawyer. Those who took her there had the key to
the apartment. A reconstruction was also carried out in the building located
on Avenida Alameda del Corregidor on December 15, 1995, and her lawyer
was not notified of this. Although they said that there were arms and other
things there, Lori Berenson maintains that there were no such things in her
room.
On December 7 or 8, 1995, she was able to talk to her family. The discussion,
in the DINCOTE offices, was very brief.
She was never informed of the charges against her. On December 15, 1995,
she made a pre-trial statement before the military court, based on her pretrial statement to the police. She was not given the opportunity to submit
evidence at this trial; or at the stage of the pre-trial investigation by the
police. Her lawyer had very little time to study the file of more than one
thousand pages, and to prepare her defense. She was only able to meet with
him a few times and always with restrictions; at times, these meetings were
recorded. She was not allowed to cross-examine the witnesses or the other
defendants. Neither the alleged victim nor her lawyer were present when the
case was presented to the court by the military prosecutors. During the trial,
she was only able to appear before the Court that was trying her during her
interrogation and when judgment was delivered.
On January 8, 1996, three days before the military judge delivered judgment
against the witness, she was put on television. She was taken to a room,
where a colonel informed her that she was going to be televised and would
have to shout if she wanted to be heard. She was unable to consult her
lawyer about the desirability of this situation. She was escorted to a sort of
platform where there were many people and a lot of light, and many
journalists and soldiers who shouted her name and called out: “terrorists,
traitors.” The alleged victim raised her voice and appeared extremely
annoyed; she regrets this as she did not want to give that impression.
Subsequently, she unsuccessfully contested the probative value of this
declaration. Ms. Berenson considers that it resulted in her sentence to life
imprisonment and left the public with a negative impression, because the
episode was understood as a justification of terrorism and a demonstration of
her alleged leadership role.
The days preceding this broadcast had been very difficult. After the military
interrogation, at the end of December 1995, she had taken to another
DINCOTE building, where the co-defendants were kept. There, she shared a
cell with Lucinda Rojas Landa, who had five bullet wounds, and was unable to
get up and could not wash herself. There were two boys with bullet wounds in
the next-door cell, in a similar situation of neglect. The fact that she had
observed this situation affected her greatly; she did not sleep or eat well