To the Common Dreams Editor:

The article "A New Trial For Lori Berenson" (Sept. 14) assumes a fair trial is possible for Lori Berenson. Sadly, this is not true. We must report that Lori filed a petition with Peruvian officials on 5 Sept. showing that her trial is not proceeding fairly. Unfortunately, it is absolutely impossible for anyone to have a fair trial in terrorism-related cases in Peru, even those heard in the civilian courts, because due process is secondary to expedience within Peruvian law. This is wrong. The law forces the judge to collect testimony within a very short period of time and this is at the expense of due process.

Peru is currently violating numerous international pacts with respect to due process, particularly the American convention on human rights. Lori still has not been formally presented with the charges, there was insufficient time for Lori to hire and meet with a lawyer and insufficient time and means to prepare a defense. Testimony was already taken from other witnesses without Lori's lawyer present because he hadn't been hired yet. This contradicts international guarantees of due process. Meanwhile, "information" on testimony is being leaked by the Fujimori regime to the press and the press continues to refer to Lori as the "convicted and guilty terrorist" even though the court trial has not even started. In addition, Peruvian government officials, members of Peru's congress, and citizens have all declared her guilty and President Fujimori has already said she will get a minimum of a 20-year sentence. He picks the judge and there is no jury system in Peru.

All this demonstrates, as the United States Department of State, Human Rights Watch: Americas, and other human rights organizations have said, Lori Berenson cannot get a fair trial in Peru.

Rhoda and Mark Berenson (Parents of Lori)
New York City, NY
September 15, 2000

NOTE: Our email is berenson@freelori.org and our web site is www.freelori.org

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