[Congressional Record Volume 146, Number 102 (Wednesday, September 6, 2000)]
[House]
[Pages H7241-H7242]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
LORI BERENSON TO GET NEW CIVILIAN TRIAL IN PERU
The SPEAKER pro tempore. Under a previous order of the House, the
gentlewoman from New York (Mrs. Maloney) is recognized for 5 minutes.
Mrs. MALONEY of New York. Mr. Speaker, after nearly 5 years in
Peruvian prisons, my constituent, Lori Berenson, could finally be
coming home.
Last week, the military tribunal that gave Lori a life sentence
announced that her conviction is being overturned and her case is being
transferred to a civilian court.
Lori was convicted by a hooded military tribunal in a trial that
lacked any semblance of due process. She never had a chance to present
her side, to call witnesses and present evidence in her defense.
[[Page H7242]]
For nearly 5 years, I have been asking my colleagues to join me in
protesting her conviction. I have circulated three letters to the
President over the years, and each letter has been signed by more and
more Members of Congress in support of Lori. In August, 221 Members of
Congress, in a bipartisan way, signed a letter calling for Lori's
release.
I will be circulating a new letter asking for mercy for Lori, asking
for Peru to act with compassion and send Lori home on humanitarian
grounds.
Since her conviction, Lori's health has deteriorated. She was
originally sent to Yanomayo Prison, located high in the Andes, over
12,000 feet above sea level. The altitude destroyed her health. People
like Lori who have not grown up in the Andes cannot acclimate to the
high altitude of Yanomayo.
I visited with Lori in October of 1997. When I saw her, her fingers
were swollen and she had circulatory problems as a result of the high
altitude. Very little natural light comes into the prison, and
prisoners are allowed only 1 hour a day to exercise outside. As a
result, Lori's eye sight was failing. Yanomayo was not heated, and the
temperature rarely rises above 40 degrees. The cold gave Lori perpetual
laryngitis.
Eventually, the Peruvian officials responded to pleas to move Lori.
But in some ways, she faced an even harder challenge to her health. The
new prison was more than 5,000 feet above sea level, better than the
former prison, but still hard for a New Yorker. The altitude, while
less dangerous to her health, continued to affect her circulatory
system.
The toughest part was that she was forced to spend months completely
alone. For more than 100 days, Lori was kept in solitary confinement.
The isolation had an extremely negative effect on her psychological
well-being.
Despite the difficult circumstances, Lori has always been quiet,
polite, and well behaved, a model prisoner. I am hopeful that Peru will
take these circumstances into account and act with mercy and
compassion.
I returned to Peru in April of 1998 and, together with the gentleman
from New York (Mr. Gilman), met with President Fujimori. He was very
open during our meeting and agreed to take another look at Lori's case
if new evidence was presented. Apparently, Peru has uncovered new
evidence, and Lori is getting a new trial in a civilian court.
Since Lori was arrested, her parents, Mark and Rhoda Berenson, have
worked every day tirelessly for her release. They know Lori as a young
idealist who traveled to Peru as a journalist. University professors
who live in my district, the Berensons have given up their careers to
devote themselves to trying to free their daughter and bring her home.
They welcome the news that Lori's conviction has been overturned, but
they worry that political pressures will ensure that she will receive a
long sentence in a civilian trial.
In Peru, it is a crime to express sympathy for the MRTA, the crime is
apologia. In the United States, it would be protected as free speech.
There it can carry a long prison sentence.
I hope that Peru can be persuaded to act with mercy. There is nothing
to be gained by keeping Lori in prison any longer. Peru has already
admitted that Lori was not the terrorist leader she was originally
convicted of being.
I wrote to President Fujimori yesterday to let him know how pleased I
am that Lori will have a civilian trial. President Fujimori has taken a
brave step that has subjected him to enormous criticism at home. I am
pleased that he recognized that the evidence showed that Lori did not
belong in Peru's military courts.
Now it is time for Peru to take the next step and release Lori. Lori
will not be getting off lightly if she is released now. She has spent
nearly 5 years in prison in conditions that have seriously undermined
her health. I hope that whatever the outcome of her trial, Lori's
ordeal will soon be over. For humanitarian reasons, for the sake of
compassion, and for her health, I hope Lori will be allowed to come
home.
Mr. Speaker, I include my letter to President Fujimori for the Record
as follows:
House of Representatives,
Washington, DC, September 5, 2000.
President Alberto Fujimori,
Palacio de Gobierno, Plaza de Armass S/N, Lima 1 Peru.
Dear President Fujimori: I am pleased to learn that Lori
Berenson's conviction has been overturned by Peru's military
tribunal. As you know from our conversation when we met in
April 1998, Lori Berenson is a constituent of mine and I am
deeply concerned about her. I appreciated your willingness
and that of members of your government to discuss her case
with me during those visits.
The tribunal's decision is a tremendous step forward for
human rights in Peru. I applaud the members of the tribunal
for looking at new evidence in this case and concluding that
the new evidence did not support the original verdict.
In October 1997, I visited Lori in prison and I found her
spirits to be good despite her deteriorating health. Like
many people who are unaccustomed to high altitudes, Lori
could not acclimate to living at Yanomayo prison. The high
altitude played havoc with her health. When I saw her, her
fingers were swollen, her eyesight was failing, and she was
having circulatory problems and perpetual laryngitis. After
she was moved to a prison at a lower altitude, she spent more
than 100 days in solitary confinement. Despite the severe
privation, she has always been quiet, polite and well-
behaved--a model prisoner.
I am grateful that she will have a civilian trial. However,
after nearly five years in prison, Lori has already undergone
severe punishment and I hope, whatever the outcome of her
trial, her ordeal will soon be over. For humanitarian
reasons, for the sake of compassion and for her health, I
hope Lori will soon be allowed to come home.
Sincerely,
Carolyn B. Maloney,
Member of Congress.
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