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was then transferred to the judicial authorities. Similarly, the Ministry of
Justice began a comprehensive review of the cases pending before the InterAmerican Commission and Court, in order to resolve them through a friendly
settlement or the acknowledgement of State responsibility.
In additio, on December 5, 2000, Supreme Resolution “R.S. 281-2000-JUS”
created a “Commission to Study and Review Legislation issued since April 5,
1992,” which undertook the review of the main legal provisions issued during
the previous regime, to determine violations of the Constitution or of the
State’s human rights obligations, and the problems these had caused. The
Commission’s report took into consideration comments on the terrorism
legislation made by the Inter-American Court, the Ombudsman’s office, and
the human rights community and considered that it contained violations that
were unacceptable to the constitutional norms on legality, liberty, due process
and prison treatment, closely related to the provisions of the international
instruments applicable in these cases.
In 1996, pressure exercised by the human rights community had forced the
Government of then President Fujimori to permit the creation of a “High-Level
Commission” presided by the Ombudsman, to recommend the release from
prison of innocent individuals, who had been accused or convicted of
terrorism. Based on this Commission’s recommendations, 502 people were
released from prison. The report of the High-Level Commission, published in
August 2000, included a series of recommendations regarding the reform of
the legislation in force, which tied in with conclusions of the Court’s principal
rulings in that regard and influenced the authorities. From August 1996 to
December 1999, more than 600 people were acquitted. The report also stated
that the civil Chamber responsible for the cases after the “faceless” courts
had ceased had furnished “significant proof of its commitment to respecting
fundamental rights.”
The Judiciary commenced a process of adapting to the transition to
democracy and dismantling the machinery it had set up for its functioning
during the 1990s.
On June 4, 2002, during the witness’s mandate, a “Truth and Reconciliation
Commission” was created to establish the truth regarding the principal events
and the violent conditions experienced in Peru; its final report was published
on August 28, 2003. The Government also appointed a Special Commission to
monitor compliance with the recommendations of this report.
The Lori Berenson case was not discussed specifically by the Cabinet during
his Government. He knew that there had been public discussion of the case,
especially in 1998, when the alleged victim was convicted by a military court.
In June 1998, the United States Ambassador to Peru, Dennis Jett, made a
public statement requesting that Lori Berenson should be brought before a
civil court. The military justice system annulled the proceeding. When his
Government took office, the case had been transferred to the ordinary
jurisdiction. The witness considers that he fulfilled his constitutional obligation
of not interfering in the course of a judicial proceeding.
No formal protests were received owing to the result of this case. He knew
about two official statements made by the United States State Department,