101
e)
The State should provide full information to the Peruvian people “that
the propaganda campaigns of the Fujimori-Montesinos Government, relating
to political violence, were only for political ends, and that these corrupt
distortions of the truth were intended to manipulate public opinion, justify the
State’s violence, and punish the underprivileged sectors”; and also provide
information “on the existence of the propaganda campaigns of the FujimoriMontesinos Government and the support they had as regards Lori Berenson’s
detention, the charges and the trials”;
f)
Lori Berenson “[d]id not request any pecuniary reparation for [her]
own benefit” and her family did not “request pecuniary compensation for its
expenses and personal losses” because “they [did] not wish to increase the
impoverishment of the [Peruvian] people”;
g)
“It was Fujimori and Montesinos who should have] compensated [Lori
Berenson], on behalf of the Peruvian people,” for the alleged violations
against her. They requested that the State be called upon to transfer to the
Inter-American Court the sum of “[US$]2,000,000 [(two million United States
dollars)] from the assets that is has now or may acquire in the future of Mr.
Fujimori or Mr. Montesinos, or other individuals who participated in their
unlawful acts.” This compensatory amount should be deposited in a special
fund “set up for the benefit of the mistreated, excluded and poor of Peru, and
should be distributed by the Church and by non-governmental organizations.”
This sum would correspond to legal expenses, travel, loss of earnings of the
alleged victim’s parents owing to their taking early retirement, loss of
earnings and future expenses of Lori Berenson for medical and dental care,
arising from her imprisonment in cruel, inhuman and degrading conditions;
h)
As additional non-pecuniary reparation, “the corruption of justice and
the brutality inflicted by the armed forces, the Peruvian National Police (PNP),
and the prison personnel [should be prohibited], and those responsible should
be separated from their positions in the correctional system and made
accountable for their acts”;
i)
In addition to the amount indicated above, an “adequate sum” should
be paid to Lori Berenson’s parents for “more than eight years and a half of
inhuman and health-destroying treatment, and also for the defamation
endured by [Lori Berenson] over a period corresponding to more than a
quarter of her life and that will affect her for the rest of her days”; and
j)
The alleged victim be liberated after eight years and a half of “grave
violations of her rights.”
Arguments of the State
229.
With regard to Article 63(1) of the Convention, the State argued that:
a)
It does not agree with the item on reparation contained in Report
36/02, because it considers that the alleged victim “ha[d] full access to
domestic channels to settle any additional claim related to her imprisonment
conditions, or the conditions in which the police and military proceedings
against her were conducted”;
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