59
terrorists (included in Article 5 of the said Decree Law)192 (the highlighting appears in
the original).
88(70) On July 3, 2001, the alleged victim’s defense lawyer filed an appeal for
annulment against the judgment delivered by the National Terrorism Chamber on
June 20, 2001.193
88(71) On February 13, 2002, the Supreme Court of Justice of Peru, when
examining the alleged victim’s degree of participation, stated:
The defendant did not have functional control over the act, which is an element that
defines the conduct of co-perpetrators. Consequently, the defendant should be
considered a secondary accomplice or accessory under paragraph 2 of Article 28 of the
Penal Code, since her collaboration consisted in causal support, without which it would
also have been possible to meet the requirements of that type of crime, and this should
be considered an extenuating circumstance pursuant to the final part of this provision.194
88(72) Finally, the Supreme Court of Justice of Peru declared that “IT WOULD
NOT ANNUL the appealed judgment of June 20, 2001, CONVICT[ING] LORI
HELENE BERENSON MEJÍA as perpetrator of the crime of terrorism against the
State characterized by acts of collaboration, described in paragraph (a) and (b) of
Article 4 of Decree Law 25,475, to TWENTY YEARS’ IMPRISONMENT […]”195 (The
highlighting appears in the original).
Detention conditions
88(73) When she had been found guilty by the military court, in the judgment of
January 11, 1996 (supra para. 88(30)), Lori Berenson was transferred to the
Yanamayo Prison, 3,800 meters above sea level,196 from January 17, 1996, to
October 7, 1998.197
88(74) While she was in the Yanamayo Prison, the alleged victim experienced the
following conditions:
88(74)(i)
She was subjected to the regime established for those processed
for and/or convicted of terrorism and treason, which restricted the hours of
192
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).
193
Cf. appeal for annulment of July 3, 2000, and its expansion of July 4, 2004, filed by the alleged
victim’s defense lawyer against the judgment of June 20, 2004 (file of probative evidence provided by the
State, tome 11, folios 9082 to 9096).
194
Cf. judgment of the Transitory Criminal Chamber of the Supreme Court of Justice of February 13,
2002 (file of appendixes to the application, tome 2, appendix 24, folios 740 to 748; and file of probative
evidence provided by the State, tome 11, folios 9106 to 9114).
195
Cf. judgment of the Transitory Criminal Chamber of the Supreme Court of Justice of February 13,
2002 (file of appendixes to the application, tome 2, appendix 24, folios 740 to 748; and file of probative
evidence provided by the State, tome 11, folios 9106 to 9114).
196
Cf. report of the Peruvian Ombudsman on the Yanamayo Prison, Puno, of August 25, 1999 (file of
appendixes to the application, tome 2, appendix 26, folio 752).
197
Cf. record of Lori Berenson’s imprisonment issued by the Executive Office of the Prison Registry
of the National Penitentiary Institute on June 20, 2002 (file of probative evidence provided by the State,
tome 12, appendix 4, folio 9121).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents