[Congressional Record (Bound Edition), Volume 146 (2000), Part 12]
[House]
[Pages 17158-17159]
[From the U.S. 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.
  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

[[Page 17159]]

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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