58
alleged victim, even though the witness had made a statement (supra para. 88(58))
“clearly, sincerely and simply, concerning a series of details, during the oral hearing
on the search […,] because the uniforms would always have been found there,
whoever searched the building, and even though the legal formalities in force were
complied with during the procedure.”188
88(66) The judgment handed down by the National Terrorism Chamber on June
20, 2001, reached the “belief and certainty” that:
the defendant’s degree of participation in these criminal acts corresponds to the
definition of collaboration with terrorism, established and sanctioned by Article 4 of
Decree Law [No. 25,475,] because her activities with Rosa Mita Calle in Congress, the
ceding of her apartment in Calle La Técnica […] to hide Nancy Gilvonio Conde or Rosa
Mita Calle, supplying information on Congress, and providing a place where the
belongings of the MRT group could be left, are conclusively described in paragraphs (a)
and (b) of the said norm; the type of collaboration described in paragraphs (d) and (f) of
the said Article, relating to participation in the tasks of indoctrination and financing
subversive activities, have not been proved; although these conclusions do not
contradict the other evidence presented, read and debated in the hearing.189
88(67) However, the National Terrorism Chamber considered that it had not been
totally convinced that the alleged victim “had reached the stage of becoming a
member and an integral part of the MRTA organization.”190
88(68) In relation to the applicable penalty, the National Terrorism Chamber
indicated that, bearing in mind “the gravity of the results of her act of collaboration
(armed confrontation, three deaths and hostage-taking); taking into account,
nevertheless, that she did not participate in any armed or similar activity, […] the
penalty to be imposed should be the lowest possible established in the norm, which
was reasonable, despite its length.”191
88(69) The judgment handed down by the National Terrorism Chamber on June
20, 2001, decided that for the “reasons stated, the aspects relating to the facts and
the penalty having been described and voted on, and with the moral integrity
authorized by Article 283 of the Code of Criminal Procedure,” it ruled:
CONVICTING: LORI HELENE BERENSON MEJÍA, as perpetrator of the crime of
terrorism, characterized by acts of collaboration against the State (described and
sanctioned in paragraphs (a) and (b) of Article 4 of Decree Law 25,475), to TWENTY
YEARS’ IMPRISONMENT […] ESTABLISH[ING]: in one hundred thousand new soles
the amount corresponding to the civil reparation that the defendant must pay to the
Peruvian State; and, ABSOLVING LORI HELENE BERENSON MEJÍA from the charge
of committing the crime of terrorism, characterized by acts of collaboration (referred to
in paragraphs (d) and (f) of Article 4 of Decree Law 25,475) and association with
188
Cf. judgment handed down by the National Chamber of Criminal Organizations and Groups on
June 20, 2000 (file of appendixes to the application, tome 2, appendix 23, folios 662 to 739; and file of
probative evidence provided by the State, tome 11, folios 8967 to 9045).
189
Cf. judgment handed down by the National Chamber of Criminal Organizations and Groups on
June 20, 2000 (file of appendixes to the application, tome 2, appendix 23, folios 662 to 739; and file of
probative evidence provided by the State, tome 11, folios 8967 to 9045).
190
Cf. judgment handed down by the National Chamber of Criminal Organizations and Groups on
June 20, 2000 (file of appendixes to the application, tome 2, appendix 23, folios 662 to 739; and file of
probative evidence provided by the State, tome 11, folios 8967 to 9045).
191
Cf. judgment handed down by the National Chamber of Criminal Organizations and Groups on
June 20, 2000 (file of appendixes to the application, tome 2, appendix 23, folios 662 to 739; and file of
probative evidence provided by the State, tome 11, folios 8967 to 9045).
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