43
88(38) On December 7, 1999, Lori Berenson filed an appeal for review of res
judicata before the Supreme Council of Military Justice.99
88(39) On December 17, 1999, the Public Prosecutor responsible for the Judicial
Affairs of the Ministry of the Interior relating to terrorism and treason requested the
Supreme Council of Military Justice to “declare the appeal for review of res judicata
filed [by the alleged victim] inadmissible.”100
88(40) On January 13, 2000, the Plenary Chamber of the Supreme Council of
Military Justice decided, in a supreme judgment, “to ADMIT FOR PROCESSING the
special appeal for review of res judicata, filed by Lori Helene BERENSON MEJIA.”101
88(41) On August 11, 2000, the Government attorney issued his opinion to the
effect that “the appeal for review of res judicata should be declared admissible, [...]
as it has been confirmed that [the alleged victim] was not a leader, head, chief or
the equivalent of the MRTA terrorist group.”102
88(42) On August 14, 2000, the Prosecutor General of the Supreme Council of
Military Justice issued his opinion to the effect that “the appeal for review of res
judicata should be declared ADMISSIBLE in favor of […] Lori Helene BERENSON
MEJIA, and that only that part of the judgment of March 12, 1996, which convicted
the said Lori Helene BERENSON MEJIA as perpetrator of the crime of treason should
be declared NULL.”103
88(43) On August 18, 2000, the Plenary Chamber of the Supreme Council of
Military Justice issued a decision, in which it considered that:
The petitioner was not a leader of the [...] subversive organization, so that the criminal
conduct of which she was accused is not subsumed [...] in the presumptions established
in Decree Law No. 25,659, which regulates the crime of treason. Therefore, an evident
error has been made that must be rectified, in accordance with Article 689 of the Code
of Military Justice. On these grounds: IT WAS DECIDED: TO DECLARE ADMISSIBLE
the appeal for review of res judicata[... and] NULL that part of the [...] supreme
judgment [of March 12, 1996,] that [...] sentence[d] [Lori Berenson] to life
imprisonment as perpetrator of the crime of treason, and to the payment of civil
reparation; and WITHOUT GROUNDS that part of the report of the Prosecutor General
affirming this. IT WAS ORDERED: that the [...] appeal and the main case records
should be forwarded to the Supreme Military Tribunal responsible for crimes of treason
99
Cf. brief filing a special action for review of res judicata submitted to the Supreme Council of
Military Justice on December 7, 1999 (file of appendixes to the application, tome 5, folios 1800 to 1803;
file of probative evidence provided by the State, tome 5, folios 5430 to 5433); and Articles 689 to 693 of
the Code of Military Justice, Decree Law No. 23,214 (file of helpful evidence provided by the State,
appendix 4, folios 10238 to 10345).
100
Cf. brief submitted to the Supreme Council of Military Justice by the Public Prosecutor responsible
for the Judicial Affairs of the Ministry of the Interior relating to terrorism and treason on December 17,
1999 (file of probative evidence provided by the State, tome 5, folios 5437 to 5447).
101
Cf. decision of the Supreme Council of Military Justice issued on January 13, 2000 (file of
probative evidence provided by the State, tome 5, folios 5450 to 5452).
102
Cf. report No. 019 V.I.CSJM-2S issued by Major General FAP, Government attorney on August 11,
2000 (file of probative evidence provided by the State, tome 5, folios 5494 to 5495).
103
Cf. opinion of the Prosecutor General of the Supreme Council of Military Justice de August 14,
2000 (file of probative evidence provided by the State, tome 5, folio 5501 to 5504).
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