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76.
On May 7, 2004, the Court received the statements of the witness, Rhoda
Berenson, proposed by the representatives of the alleged victim and convened by
the President (supra para. 35), and of the witness, Fausto Humberto Alvarado
Dodero, proposed by the State (supra para. 35). The Court will now summarize the
relevant parts of these statements.
a.
Testimony of Rhoda Berenson, the alleged victim’s mother
She heard about her daughter’s arrest in December 1995, through the United
States Embassy in Peru, which had learned that the President of Peru at that
time, Alberto Fujimori, had shown her daughter’s passport on television,
stating that she had been arrested for terrorism. The witness had a close
relationship with her daughter, even though the latter had lived abroad for
several years; they kept in communication by telephone, letters, and visits
that her daughter, Lori Berenson, made to her family in New York.
Lori Berenson was sentenced to life imprisonment, a sentence to be carried
out in the Yanamayo Prison. The conditions in this prison were “inhuman” and
it was located at 4,000 meters above sea level where the air is very “thin”
and it is very cold. Almost all the prison was built of concrete, with the
exception of a little steel. The corridors had high open windows, without
glass, which let in a strong current of air, but did not allow sunlight to enter.
The prison was extremely cold. She observed that “everyone walked about
wearing gloves[, ...] hats and boots, a sweater with a coat, [it was necessary]
to sleep under eight or ten blankets.” The prisoners were only allowed to use
the exercise yard for half an hour a day and they could only wash in buckets
of cold water. The “inhuman” conditions of the prison affected her daughter’s
health.
The judgment convicting Lori Berenson established that she was not allowed
to receive visitors for her first year in prison. The United States Embassy
received quarterly reports on her health after she entered prison. Owing to
the cold and the altitude, the alleged victim developed a condition known as
“Reynaud’s” syndrome; her hands were swollen and became purple, as if “she
was wearing boxing gloves.” Cuts and infections occurred, because this
stretched the skin. The lack of oxygen affected her circulation, sometimes
preventing her from using her hands. Although, Lori Berenson developed this
syndrome almost immediately after her imprisonment, it has still not
disappeared eight and a half years later.
The cold and the living conditions also resulted in chronic infections. Among
other ailments, she suffered from “streptococcus,” a resistant bacterial
infection of the throat. This infection did not disappear until she changed
prison. The alleged victim also suffered digestive problems owing to the very
poor diet in the prison and the limit to the amount of food prisoners could
receive from their next of kin. During her imprisonment, medical tests were
performed because her liver was swollen and this caused pain. Furthermore,
the darkness in the prison has led to problems with her vision, causing her
difficulty in focusing and resulting in loss of vision in her right eye at night.
Although she is better, Lori Berenson still suffers from health problems.
During the first year, the witness received occasional reports on her
daughter’s health from the Consul General.