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5, 2004 (supra para. 35). The Court summarizes the relevant parts of this statement
below:
a.
Statement by Lori Helene Berenson Mejía, alleged victim
She is confined in the Huacariz Prison, Cajamarca, Peru (hereinafter “Huacariz
Prison”).
On November 30, 1995, after having attended the plenary session of the
Congress of the Republic of Peru until approximately 7.00 p.m., she boarded
a bus, from which she was obliged to alight by an individual in civilian dress,
who made her get into a car. She later learned that her captors were
members of a division of the National Counterterrorism Directorate
(hereinafter “DINCOTE”) of the Peruvian National Police (hereinafter “the
National Police” or “PNP”), although, initially, they did not identify themselves.
Subsequently, they drove her to the front of a building belonging to the
National Police. There, an individual who said that he was a DINCOTE captain
approached her. The alleged victim remained in the car.
An hour later, several policemen in civilian clothing got into the car, and they
left for a building located on Avenida Alameda del Corregidor No. 1049, La
Molina, Lima (hereinafter “building located on Avenida Alameda del
Corregidor”). They made the witness alight from the car and someone who
had the keys to the building, showed them to her and told her to open the
door. She saw about 10 or 15 individuals with rifles aimed at the house. She
was afraid, because she did not know what would happen. The alleged victim
warned them that there were civilians present; then, they tied a rope
[“marroca”] around her hands and back and pushed her towards the vehicle.
The witness heard shots and an explosion and saw people running. After she
had been left alone for a while, some policemen appeared and told her that a
girl and others had died; an armed officer hit her on the head and lifted her
up by her hair; he repeated this when the witness refused to give him the
telephone number of that house. The alleged victim finally gave him the
number he had asked for and the officer left. Subsequently, there was an
exchange of gunfire a short distance away and cars belonging to the Police
and the Army arrived. The witness remained in the car, handcuffed, for
approximately eleven hours.
The witness was put in a vehicle with Mr. “Castrellón”. Around 6.00 or 6.30
a.m., they transferred her to DINCOTE, where they took “her particulars.” The
interrogations began on December 2 or 3, 1995; at the start, “she was
treated well.” As of December 4, 1995, the more in-depth interrogations
began; this occurred after she had been taken to carry out a “procedure in
her apartment.” A military prosecutor, a police major, a captain and, at times,
a colonel, conducted the interrogations. When the witness proceeded to
make her pre-trial statement, on December 9, 1995, which lasted several
hours, she began to note problems. They told her “we know everything,” and
it was then that “the version she ended up relating in her pre-trial statement
was established,” since she was unable to say anything else, because the
tone was “quite threatening [and ...] she did not have a lawyer.” The alleged
victim’s lawyer was not present during the interrogations, and she was not
informed that her answers could be used as evidence against her. The first
time that Ms. Berenson could meet her defense lawyer, Grimaldo Achahui