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the laws that had been criticized so severely by international organizations
continued to be enforced in Peru.
Judge Ibazeta, who was in charge of Lori Berenson’s trial, had supported
Fujimori previously and affirmed that it was “illogical” that the alleged victim
should think that she could have a second trial, a civil trial. The prosecutor,
who had played the same role during the military trial, sometimes took out
documents and allowed the press to photograph them. These were published
in the newspaper before Lori Berenson’s lawyers had access to them.
She was present for 33 sessions of her daughter’s trial and took note of
everything that violated the American Convention. During the trial, her
daughter was repeatedly questioned about her beliefs. The prosecutor
indicated that the financial statements she had submitted in defense of her
daughter were false, because “mothers do this when their daughters are the
defendants.” The sentence did not surprise her. The result was exactly as
Montesinos had foretold in the 1998 video.
For eight years and a half her daughter never had a fair trial in Peru. She has
spent a quarter of her life in prison, from 26 to 34 years of age, a period
during which she could have done many things. The only way in which justice
will be done is if she is liberated immediately.
The United States State Department has referred to this case, stating that
they would wait for the judgment of the inter-American system and that,
when he met with President Toledo, President Bush had said that he was
awaiting the response of the Inter-American Court and hoped that the
Peruvian Government would take humanitarian considerations into account.
b.
Testimony of Fausto Humberto Alvarado Dodero,
Minister of Justice and member of the Peruvian Congress
former
He was Minister of Justice of Peru from July 27, 2002, to February 16, 2004.
When he made his statement before the Court, he was a member of Congress
for the period 2001-2006 and belonged to the congressional Justice and
Human Rights Commission.
In November 2000, Valentín Paniagua Corazao assumed the presidency owing
to the declaration of the moral incompetence of the President of the Republic
of Peru at that time, and the subsequent resignation of the Vice Presidents. In
January 2001, a few months after he had assumed the presidency, the
transition Government re-established civil rights in the sphere of the
administration of justice, by allowing the population to have recourse to
international bodies; thereby annulling the legislative resolution issued by the
previous Government by which Peru withdrew from the jurisdiction of the
international courts, specifically the Inter-American Court.
During Mr. Paniagua Corazao’s Government, a commission of experts was set
up to review the legislation enacted since 1992. The Commission reached
important conclusions and produced a report. A “Truth and Reconciliation
Commission” was also established, which also produced a report. In July
2001, Alejandro Toledo assumed the presidency and gave this Commission all
necessary powers to attain its goals.