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The first hearing before the Inter-American Commission on Human Rights was
held on October 8, 1998. At that time, a doctor from the Peruvian delegation
reported that, owing to concerns about the alleged victim’s health, she had
been transferred to the Socabaya Prison the previous day. This transfer took
place on October 7, 1998, even though she had been examined several times
previously and although there was extreme concern about her health. No
other medical tests were ever performed; the “Reynaud” syndrome remains;
the throat infections ceased, but she began to suffer from skin rashes on her
face.
The Socabaya Prison was a prison for ordinary prisoners. As Lori Berenson
was the only political prisoner, she was isolated from the other prisoners. The
guards were even prohibited from talking to her. Her face was covered with a
blanket when she was transferred from one place to another within the
prison. It was only after the intervention of Amnesty International, the Red
Cross, and the Church, that the alleged victim ceased to be isolated.
During autumn 1999, the United States Embassy in Peru informed her of the
existence of hostages, taken during the seizure of the residence of the
Japanese Ambassador to Peru, who had information that her daughter, Lori
Berenson, was not an MRTA leader, the reason for her initial conviction. The
Supreme Council of Military Justice also informed her about the procedure to
request a review of the case. In August 2000, the Supreme Council of Military
Justice annulled the case.
Subsequently, Lori Berenson was taken to another prison in Lima. On her
arrival, a judge obtained the case file from the military trial and demanded
that the alleged victim make a statement. Lori Berenson insisted that she
would not testify without a lawyer and asked that no more witnesses should
be interviewed without the presence of her defense lawyer. The witness was
accompanied by Ramsey Clark when she talked to Judge Borda, who asked
her to select a defense lawyer from a list of lawyers, adding that “in two
hours he could read the file” and then the alleged victim could give her
testimony. As they refused this offer, the judge gave them one week to find
a lawyer, but, the following day, he told Lori Berenson that she only had a
few days. Finally, a lawyer was found, Mr. Sandoval, who had very little time
to study the military case file and talk to the alleged victim.
Around this time, the press published a transcript of the contents of a video
recorded in Peru in January 1998, in which Mr. Montesinos spoke about the
Lori Berenson case with a minister or prime minister, called Ferrero Costa.
This was after the petition had been submitted to the Inter-American
Commission. It was proposed that, to make a good impression on the
Commission, Mr. Montesinos could suggest to the Supreme Council of Military
Justice that the alleged victim be transferred to another prison, that the case
be annulled, that the case be submitted to an ordinary judge and that she
should be found guilty and sentenced to 10 to 15 years’ imprisonment. She
considered that this responded to a political maneuver.
The second trial was held in the Trial Chamber of the Lurigancho Prison. Lori
Berenson was presented behind bars. The alleged victim requested that the
presumption of innocence should be respected. The following day, the alleged
victim was allowed to appear in front of the bars. Even after Fujimori had left,