61
88(75) As of 1997, as a result of the adoption of the “Regulation of the Daily
Regime and the Progressivism of Treatment for Prisoners Processed and/or
Sentenced for the Crime of Terrorism and/or Treason”205 (supra para. 88(5)), the
time Ms. Berenson was allowed to spend outside was extended to one hour.
88(76) As of October 7, 1998, Lori Berenson’s detention conditions were modified.
On that date, she was transferred to the Socabaya Prison, where she remained until
August 31, 2000, when she was sent to the Chorrillos Women’s Prison. Finally, on
December 21, 2001, the alleged victim was transferred to Huacariz Prison, where
she is confined currently.206
Family situation
88(77) Lori Berenson, a citizen of the Unite States, was born on November 13,
1969. She is the daughter of Rhoda and Mark Berenson and was 26 years of age
when the facts occurred.207
88(78) The social and work-related relationships of Lori Berenson’s next of kin have
been affected. They have suffered pecuniary and non-pecuniary damage.208
Costs and Expenses
88(79) Lori Berenson and her next of kin have incurred different expenses related
to the administrative and judicial procedures in Peru. Also, the alleged victim and her
next of kin have been represented in the proceedings before the Commission and the
Court by Ramsey Clark, Lawrence W. Schilling, Thomas H. Nooter and José Luis
Sandoval Quesada,209 who incurred expenditure during the proceedings before the
inter-American jurisdiction.
VII
PRIOR CONSIDERATIONS
89.
Now that the Court has defined the proven facts that it considers relevant in
the instant case, it must examine the arguments of the Inter-American Commission,
the representatives of the alleged victim, and the State, in order to determine
whether the State has incurred international responsibility for the alleged violation of
the American Convention.
205
Cf. Supreme Decree 05-97-JUS of June 24, 1997 (file of probative evidence provided by the
State, tome 12, folio 9371); and testimonial statement made by Walter Albán Peralta before notary
public on May 8, 2004 (file on merits, tome IV, folios 1000 to 10014).
206
Cf. record of Lori Berenson Mejia’s imprisonment issued by the National Penitentiary Institute,
Executive Office of the Prison Registry Office, on June 20, 2002 (file of probative evidence provided by the
State, tome 12, appendix 4, folio 9121).
207
Cf. Lori Helene Berenson’s passport (file of probative evidence provided by the State, tome 7,
folio 6786); and Rhoda Berenson’s passport (file of probative evidence provided by the State, tome 5,
folio 5636).
208
Cf. testimony of Rhoda Berenson before the Inter-American Court of Human Rights during the
public hearing held on May 7, 2004.
209
Cf. power of attorney granted by Lori Berenson to Ramsey Clark, Lawrence W. Schilling, Thomas
H. Nooter and José Luis Sandoval Quesada (file of appendixes to the application, tome 2, appendix 27,
folio 773).
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