44
so that it could take action pursuant to its powers.104. (the highlighting appears in the
original)
88(44) On August 24, 2000, the Military Supreme Court delivered judgment, in which
it declared that “an evident error ha[d] been made that must be rectified, in
accordance with Article 689 of the Code of Military Justice,” and that there were facts
that “constituted the crime of terrorism, described and penalized in Decree Law No.
25,475, which corresponded to the ordinary jurisdiction.” Consequently:
IT DECLARED: that only that part of the judgment [...] of January 30, 1996, which
sentence[d] Lori Helene BERENSON MEJIA, to life imprisonment and payment of civil
reparation, as perpetrator of the crime of treason was NULL; and WITHOUT
GROUNDS the part of the judgment of the Military Judge of January 11, 1996, [...]
which convict[ed] her as perpetrator of the same crime with the same penalty; and
NULL that part of the order expanding the opening of investigation of December 1,
1995, which include[d] the said petitioner in the preliminary investigation for the crime
of treason; IT AGREED: TO WAIVE COMPETENCE and TO DISQUALIFY ITSELF [...]
in favor of the ordinary jurisdiction, only with regard to Lori Helene BERENSON
MEJIA.”105 (the highlighting appears in the original)
Criminal proceeding in the ordinary jurisdiction
88(45) On August 28, 2000, the Supreme Council of Military Justice forwarded to
the Prosecutor General and President of the Executive Commission of the Attorney
General’s office “certified copies of Case No. 032-TP-95, with 1,405 pages (2 tomes),
tried in the military jurisdiction against the civilian, Lori Helene BERENSON MEJÍA
and others, for the crime of treason, […] because [the special] appeal [for review of
res judicata] had been declared admissible.”106
88(46) The same day, the Provincial Prosecutor ad hoc for cases of terrorism filed
“Complaint No. 90-000-Pros. ad hoc Terrorism” against Lori Berenson, “as the
alleged perpetrator of the crime […] against public peace – terrorism against the
State; a crime defined and penalized in paragraphs (a), (b), (d), [and] (f) of art[icle]
4 and [Article] 5 of Decree Law 25,475.”107 This complaint accused Lori Berenson of
“being a member of the M[RTA] terrorist group, with voluntary participation in this
group, in the following acts of collaboration”:
88(4)(6.i)
“[h]aving introduced herself as Pacífico Castrellón’s wife[, …] in order to
lease the building located on Av. Alameda del Corregidor No. 1049-1051 […], which was
raided because it was the center of operations of the said subversive group[, …] and
having accompanied [Mr.] Castrellón to lease the building located on Calle Carlos Tenaut
No. 154 Of. 204[,] Santiago de Surco”;
104
Cf. judgment handed down by the Plenary Chamber of the Supreme Council of Military Justice on
August 18, 2000 (file of appendixes to the application, tome 2, appendix 16, folios 558 and 559; and file
of probative evidence provided by the State, tome 5, folios 5505 to 5506).
105
Cf. judgment handed down by the Army’s Special Military Supreme Court on August 24, 2000
(file of appendixes to the application, tome 2, appendix 17, folio 560 to 562; and file of probative evidence
provided by the State, tome 5, folios 5510 to 5512).
106
Cf. official communication No. 045 P-CSJM addressed by the President of the Supreme Council of
Military Justice to the Prosecutor General and President of the Executive Commission of the Attorney
General’s office on August 28, 2000 (file of probative evidence provided by the State, tome 5, folio 5515).
107
Cf. complaint No. 90-000 of the Provincial Prosecutor ad hoc for cases of terrorism of August 28,
2000 (file of probative evidence provided by the State, tome 5, folio 5518 and 5520).
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