52
88(56) On March 5, 2001, the National Terrorism Chamber issued a decision in
which it ordered new measures before the start of the hearings in the oral
proceeding and admitted the measure taken to obtain evidence submitted by the
alleged victim’s defense lawyer on February 28, 2001, which consisted in the
appointment of a graphologist by one of the parties.163
88(57) On March 14, 2001, the alleged victim’s defense lawyer offered as evidence:
a video of the presentation of Lori Berenson to the press and media on January 8,
1996, in which she was introduced as “A MEMBER OF THE M[RTA] TERRORIST
MOVEMENT”; and a video of the visual inspection of the building located on Avenida
Alameda del Corregidor on October 20, 2000, and requested that an official letter be
addressed “to the Supreme Council of Military Justice requesting it to forward the
original of the case file for treason against [Lori Berenson,] in order to verify that the
trial complied with the norms of due process of law and to examine the proceedings
of the military court, from a judicial perspective.”164
Oral proceeding
88(58) On March 20 2001, the oral proceeding commenced.165 The following
procedures were executed in the corresponding hearings:166 testimonial
statements,167, including that of Lori Berenson;168 confrontations;169 documentary
documents: MRTA newsletter, “MRTA inserts” and newspaper cuttings with photographs of various
members of Congress and politicians; and appendix IV adjoined the following: Sony micro cassette player;
three diskettes (TDK, Maxel and 3M); various MRTA document, reports, plans, flyers, headed paper,
newsletter El Tercer Ojo; various official stamps of officials of the Peruvian Electoral Register (11 in total);
migratory movements on Lori Berenson’s passport (Guatemala, El Salvador, Honduras, Panama, Peru,
Colombia, Bolivia, Argentina, Uruguay, Venezuela).
163
Cf. order issue by the National Chamber for Terrorism, Criminal Organizations and Groups on
March 5, 2001 (file of probative evidence provided by the State, tome 7, folios 7146 to 7149). The
procedures ordered by the court included: request for information from the Provincial Prosecutor for
Family Matters regarding Lenín Gutiérrez Torres or Wilfredo Arroyo Gines; summoning Roberto Sánchez as
a witness; official communication to the United States Consulate requesting general information on the
journals, Modern Times and Third World Viewpoint; request to the forty-sixth Provincial Criminal
Prosecutor of Lima for a report on the status of the complaint filed by the Peruvian National Journalists
Association; request to the newspapers El Comercio and Expreso for any newspaper Articles published on
terrorist acts perpetrated by MRTA; request to the Peruvian National Police for information on the experts
who signed the ballistics reports and graphology reports; and official letter to the Supreme Military Council
of Military Justice requesting the videos referred to in the judgment of the trial in the military jurisdiction;
and communication to the alleged victim’s lawyer of February 28, 2001 (file of probative evidence
provided by the State, tome 7, folio 7142).
164
Cf. brief of March 14, 2001, offering evidence from the alleged victim’s defense lawyer (file of
probative evidence provided by the State, tome 8, folios 7154 and 7155).
165
Cf. record of the hearing of March 20, 2001, in the trial against Lori Berenson before the National
Chamber of Terrorism, Criminal Organizations and Groups in file No. 154-2000 (file of probative evidence
provided by the State, tome 8, folios 7289 to 7302).
166
Cf. videos provided by the State entitled “Videos of the Lori Berenson case” which contain the
recording of the hearings of the oral proceeding on March 20, 22, 27 and 29; April 3, 4, 5, 9, 10, 11, 17,
18, 19, 20, 24, 25, 26 and 27; May 2, 4, 7, 10, 15, 17, 22 and 24; and June 1, 7, 8, 11 and 20, 2004 (file
of probative evidence provided by the State, appendix 2, comprising 58 videos).
167
Cf. statement made by Pacífico Abdiel Castrellón Santamaría before the National Chamber of
Terrorism, Criminal Organizations and Groups on April 10, 11 and 17, 2001 (file of probative evidence
provided by the State, tome 9, folios 7727 to 7736, 7743 to 7771 and 7784 to 7828, respectively);
statement made by Roberto Sánchez Nonajulca before the National Chamber of Terrorism, Criminal
Organizations and Groups on April 18, 2001 (file of probative evidence provided by the State, tome 9,
folio 7857); statement made by Carlos Adolfo Guija Gálvez before the National Chamber of Terrorism,
Criminal Organizations and Groups on April 18, 2001 (file of probative evidence provided by the State,
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