Cockburn
/ St. Clair's Scorching New History of a Decade of War
Now Available!
Today's
Stories
June
5, 2004
Dave
Lindorff
John Walker Lindh, Revisited
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4, 2004
Chris
Floyd
Masked and Anonymous: Inside America's
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/ Penketh
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Caravaggio in Iraq
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Whitney
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Rejman
Memorial Day Isn't Just About the Dead
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Morris
"WMDs" in Cuba
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de Rooij
Palestinian Misery in Perspective
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2, 2004
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Cloughley
The Liars are Winning
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McGovern
How Far Would They Go? Beware "Credible
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Frank
The Anybody But Bush Offensive
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Whitney
The Afghanistan Failure: Bush's Warlord Patriots
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Corr
Iraq and Ireland: Three Tales from Butte, Montana
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Jensen
The US Lost the Iraq War...and It's a Good Thing, Too
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Cockburn
"Bye, Bye Boonville!"
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1, 2004
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Leupp
Instant Karma: Bush's Sins Catch Up
with Him
William
A. Cook
Manufacturers of Fear and Loathing in
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Dave
Lindorff
Will the Times Clean House?
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Zeese
Inside the Kerry / Nader Meeting: Did
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Levich
Coming Soon: Return of the Draft,
a Bipartisan Production
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Kelly
Voices in the Wilderness v. the US
Government
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Ballinger / Dave Marsh
The Origins of Memorial Day
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Pommy Vega
Memo for Memorial Day
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Ferner
On Their Way to Abu Ghraib
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W. McCoy
The Cruel Shadow: the Long History of CIA Torture Research
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Valentine
An Open Letter to the NYT: Questions, Questions, Questions
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White
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Anderson
The Awful Injustice to Tai Abreu
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Vest
Get Ready for Kerry's War: the 100 Year Quagmire
Saul
Landau
Torture: the Logical Outcome of Bush's War for Democracy?
Kurt
Nimmo
Abu Hamza al-Mazri, Made in the USA
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Cassel
The Secrets of Surveillance: Ashcroft, Snoops, and Gag Orders
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Potter
The New War on "Terror": Protest the Torture of Chimps;
Get Arrested as a "Terrorist"
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They Fiddled While Nero Got the Matches
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Kia
Kojouri
Nukes, the US, Israel and Iran: an
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Z
D-Day: 60 Years is Enough!
Jon
Brown
Correcting the Correction at the Times
Patrick
B. Barr
Pre-emptive War Insurance
Stephen
Gowans
Bad Apples in a Bad Barrel
Tom
Gorman
Gore on Bush in Iraq: the Approach May be Exotic, But It's Hardly
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Zirin
Fighting for Boxers' Rights: an Interview with Eddie Mustafa
Muhammad
Gregory
Weiher
Bush to Arabs: "Go Get Yourself Some Democracy"
Erik
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28, 2004
Rafael
Rodriguez Cruz
Curtain of Silence on the Cuban 5
Greg
Moses
Bush's Misleading Speech on Abu Ghraib
Dave
Lindorff
Dissing Independent Contractors:
Those Who Do the Dirty Work
Norman
Solomon
Leaping for Lies at the Times
Rep.
Bill Delahunt
Bush's Cruel New Rules on Cuba
Paul
McGeough
Chalabi Baba and the 40 Thieves
Niranjan
Ramakrishnan
India and Nehru: 40 Years After
Alexander
Cockburn
NYTs: "Maybe We Did Screw Up...a
Little"
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27, 2004
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Goodman / David Goodman
Fatal Errors: the Lies of Our Times
Douglas
Valentine
Ragging the Dogs of War at the
NYTs
John
L. Hess
The Times Confesses...Kind Of
Stew
Albert
Dellinger, the Wrestling Pacifist
Dave
Dellinger
a 1993 Interview
Christopher
Brauchli
Tax Breaks for Scions...to Hell with Poor Kids
Rampton
/ Stauber
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26, 2004
Ron
Jacobs
Goodbye, David Dellinger: He Was a
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Fisk
The Things Bush Didn't Say in His Speech
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Toufe
New Draft UN Resolution Permits Perpetual Occupation
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Hallinan
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Stephens
2 + 2 is On My Mind: More Morons
and War Crimes
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Medley
Protesting Gov. Bigot
CounterPunch
Wire
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Cockburn
The Trail to Tehran
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25, 2004
Joe
Bageant
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Dan Smith
A Question of Human Dignity
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Handschumacher
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Solo
A Developing War in the Andes
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Estrin
September Song: Disturbing Questions
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Banko, III
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24, 2004
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Jacobs
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Nimmo
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Hamod
Gen. Zinni: "Wrong War, Wrong
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Mike
Whitney
The Wedding was a Bomb
Stan
Goff
Open Season on MAMs
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May
22 / 23, 2004
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Colin Powell, a Political Obituary
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St. Clair
When War is Swell: Bush and the Carlyle Group
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Weill-Greenberg
Her Son Was Told He Wouldn't See Combat; Now He's Dead: an Interview
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Cloughley
America is Committing War Crimes in Iraq
Saul
Landau
Democracy in Latin America: Great for Investors; Not So Good
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Brandy
Baker
Feminists Stand By Their Man: Abortion, Judges and Kerry
Randall
Robinson
Bushwhacked in the Caribbean
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Avnery
The Rape of Rafah
Ben
Tripp
Assume the Worst
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Anderson
News from Ecotopia: the Truth About the Wine Business
Josh
Ruebner
Why I Burned My Israeli Military Papers
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Wolson, Ph. D.
Exhibitionistic Revenge at Abu Ghraib
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Cockburn
In Defense of "Troy": What Hector Could Teach Rummy
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Sexual Domination in Uniform: an American Value
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Rain Burke
War of the Necrophiliacs: Spc. Sabrina Harman and Her Corpse
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Krieger
Charting a New Course for US Nuclear Policy
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Close
The Canards of the Apologists
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"The Object of Torture is Torture"
Amira
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Darkness at Noon
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Kauffman
Nader v. Bush
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No More Tears for America
Ghali
Hassan
Moral Failure of the "Free World" in Gaza
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Brown and Bored of Education in India
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Stephens & John Philo
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Bahour / Michael Dahan
Genocide by Public Policy
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Ovetz
Ending the Race for the Last Turtle
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Wilson
The Most Important Thing I Learned at School This Year
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the Head of a Neo-Con!
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as Model Apostate
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Slobodo and Williams
CounterPunch Exclusive:
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True Lies: the Use of Propaganda
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Weekend
Edition
June 5 / 6, 2004
President
Toledo's Trophy Prisoner
Whatever
Happened to Lori Berenson?
By
ABIGAIL JONES
Lori Berenson, a 34 year-old New York
native, has spent eight-and-a-half years incarcerated in Peru
without the benefit of a fair and impartial trial (C)* until
now. Berenson's most recent trial was heard on May 7, 2004 in
San Jose, Costa Rica before the Inter-American Court of Human
Rights, the OAS' highest judicial body for the regional organization's
member states. The CIDH exerts jurisdiction over OAS members
who have ratified the American Convention on Human Rights, which
Peru has endorsed. It is of note that this Court does not adjudicate
the innocence or guilt of a defendant, but rather evaluates a
state's compliance to the tenets of the Convention. The Court
consented to hear Berenson's case upon the request of the Inter-American
Commission on Human Rights (IACHR), after the Peruvian government
failed to comply with the Commission's 2002 recommendations calling
for the restoration of Berenson's rights, monetary compensation
for damages incurred while in prison and a general overhaul of
the anti-terrorism laws that have condemned hundreds if not thousands
of Peruvian nationals under the Alberto Fujimori regime (1990-2000),
to a parody of properly administered justice.
If Berenson were to be exonerated
of her alleged offense, the Peruvian government would be obliged
to comply with the Court's judgment, based on Article 68 of the
American Convention on Human Rights; this clause asserts that,
'The States party to the Convention undertake to comply with
the judgment of the Court in any case to which they are parties.'
Former U.S. Attorney General Ramsey Clark represented Berenson
throughout the Court proceedings and was assisted by noted criminal
and international lawyer Thomas H. Nooter as well as Peruvian
lawyer Jose Luis Sandoval Quesada. The Court's ruling will likely
be handed down later this year.
Toledo's
Peru: Where High Quality Justice and Governance is Exceedingly
Rare
In December of 1994, Berenson
allegedly arrived in Peru as a journalist to work for two small
American publications, Modern Times and Third World Viewpoint.
On Nov. 30, 1995, the Peruvian police arrested her aboard a public
bus on charges of 'treason against the fatherland.' After being
illegally interrogated by the police without the benefit of a
defense counsel, Berenson appeared before a 'faceless' military
court that had a 97 percent conviction rate. In a grossly contrived
trial before a hooded military judge who most likely hadn't attended
a day of law school, this court sentenced her to life in prison
for her suspected leadership position in the Tupac Amaru Revolutionary
Movement (MRTA) and for the role she purportedly played in plotting
a foiled attempt to abduct members of Peru's Congress. However,
after years of outraged international protest over her patently
inequitable trial, she continues to serve a 20-year sentence,
after a civilian court overturned the '96 supreme military court's
decision on the basis of newly obtained evidence that proved
she was not a leader of the MRTA. She was then convicted on a
lesser offense of abetting a terrorist organization. The civilian
court acquitted Berenson of both membership in and militancy
with a subversive organization.
Toledo's
Shaky Match with Peru
Toledo, Peru's first elected
president of indigenous background, has seen his approval rating
fall from 60 percent at the beginning of his term in 2000 to
today's abysmal six percent level, the lowest figure for any
Latin American president. Almost three years into a five-year
term, Toledo, like never before, is hearing ghosts calling for
his resignation. Personal scandal has also compounded his already
disgraced presidency. His repeated denials near the beginning
of his presidency that he had fathered a child out of wedlock
14 years ago continued until late last year, despite the existence
of blood tests indicating a 97 percent positive confirmation
of his paternity. In his defense, Toledo weakly claimed that,
'No president has been as scrutinized as I have,' and that his
presidency has been a 'learning experience,' but with many Peruvians
feeling that they have had to bear their president's expensive
tuition payments. This is quite a lengthy educational process
for a man who already possesses postgraduate degrees in education
and economics and had held high posts at both the United Nations
and the World Bank.
Rafael Rey, a congressman from
the National Union Party, offered a dissenting opinion about
Toledo: 'Peru's problem has a name and a last name, and the No.
1 problem is Alejandro Toledo.' Carlos Basombrio, Toledo's former
vice interior minister who resigned in January, 2003 expressed
similar sentiments: 'Sadly, everything points in one direction:
This is about the President.'
Peru's Legal
System on Trial
Democratically-elected President
Toledo has taken an unbudgeable stand that Berenson must serve
out her prison term, one of the rare instances in his presidency
where he has taken such decisive action. In fact, under his administration,
the Peruvian justice system has been as hard-line as possible
when it comes to Berenson, even though the Peruvian leader, while
campaigning for the presidency, attacked the judicial system
for its corruption and its lack of fealty to the law. Critics
of Peru's legal establishment claim that Toledo has not only
let Berenson down, but the Peruvian nation as well, and in response,
he has recorded some of the lowest poll ratings in Peruvian political
history. Leverage for his adamant stand rests on his continued
insistence that Peru's cooperation with the U.S. in its anti-drug
law is inseparable from giving Berenson her due.
A series of findings on Peru's
widely condemned and tainted court system provides compelling
evidence to conclude that justice was systematically disregarded
in both of the trials in which the American defendant figured,
during a period when Fujimori was carrying on a crusade against
the country's two leftist revolutionary guerrilla movements and
was engrossed in a campaign to reinvigorate a sense of patriotism
and national support for what was fundamentally a corrupt and
murderous regime that routinely tortured its own citizens. Currently,
an analogous campaign is being carried on by his successor, Alejandro
Toledo.
As the CIDH's ruling on Berenson
is almost certain to be her final opportunity for justice, Toledo's
personal psychological state regarding this matter is all-important.
Peruvians must consider amending the country's penal system as
well as the judiciary's gutter-like reputation within the international
community. As former U. S. Attorney General Ramsey Clark stated,
'The integrity of the Peruvian judicial system is at stake [in
the Court's proceedings], as well as the question of freedom
and justice for all.' Whether Berenson was involved with the
MRTA is now almost irrelevant from an international perspective,
for it is Peru's legal system which far more convincingly now
stands on trial.
Established under former Peruvian
President Alberto Fujimori in 1992, the anti-terrorist decree-laws
sought to rid the country of political dissidents. In doing so,
they encouraged human rights abuses by condoning summary executions,
torture, illegal arrests and unlawful detentions as part of a
decade of major military operations against the citizenry. In
an atmosphere that dates back to 1980, about 70,000 Peruvians
died as a result of political violence. The vast majority of
these deaths were at the hands of the military under the direction
of Fujimori's Security Chief, Vladamir Montesinos. Under the
authorization of these laws, the Peruvian criminal justice system
prosecuted and physically abused thousands of individuals in
the country by violating their due process rights that are guaranteed
by the American Convention on Human Rights, in trials before
'faceless' courts that were neither impartial nor independent.
These Kafkaesque military tribunals that presided over civilian
terrorist trials encouraged illegality by institutionalizing
the anonymity of judges and prosecutors, precluding the independence
and impartiality of the courts, thereby depriving defendants
of their basic guarantees of justice.
Consequently, the aforementioned
practice prevented defendants from holding the officials civilly
accountable to the rule of law. Courts accepted unreliable and
fraudulent testimonies that were often obtained under coercion
or by bribery, and imposed sentences that were routinely disproportional
to the alleged crime. In May of 2001, Peru's Congress shed light
on the relationship between Eduardo Ferrero Costa, who now serves
as Peru's ambassador to the U.S., with the markedly corrupt Montesinos.
Like the Enron officials who were caught on tape discussing how
to drive up the price of electricity to the average Californian
consumer, the heavily compromised Peruvian diplomat was captured
on tape conspiring with Montesinos in order to obstruct justice
concerning the Berenson case. Dated as Jan. 23, 1998, Costa stated,
'I think that it's a good plan. I'm just going to waste some
time, but I understand the plan very clearly and I think that
it's a good way out. But I'm not sure who we should consult.'
Montesinos responded with the following, 'No, no. That's what
military justice depends on; we don' t need to consult anyone,
just ourselves and our perspective.' The dialogue between these
two appalling reprobates raises serious questions over Toledo's
malfeasance in office for appointing an established amoralist
like Ferrero Costa to Peru's highest diplomatic post abroad.
Clearly, Berenson, like many
other Peruvian political prisoners now living out their immiserated
lives in the country's prisons, was used as a political pawn
by Fujimori and subsequently by Toledo. Systematic abuse resulted
in the imprisonment of several thousand individuals under the
anti-terrorist decree-laws, which have since been condemned by
the OAS and other international and regional groups, and are
subject to Peru's mandatory compliance with the terms of the
American Convention on Human Rights.
The CIDH and the IACHR have
previously analyzed Peru's anti-terrorist decree-laws of 1992
and have published unanimous decisions holding that the laws
violate the canon of the Convention. In the Loayza Tamayo case,
which was decided in 1998, the Court ruled that reparations be
paid by the Peruvian government to the defendant who had acquired
severe physical and psychological disorders by way of sub-standard
prison conditions and general maltreatment. Subsequently, in
1999, the Court condemned military tribunals in favor of civil
courts by calling for a retrial of the Chilean defendants accused
of terrorist activity in the Castillo Petruzzi case. Given the
outcome of these previous rulings that challenged the constitutionality
of the Peruvian anti-terrorist laws, it is likely that the Court
will rule in favor of Berenson. Her case should be used as a
vehicle by which the Court can reiterate that Fujimori's decree
laws violated the central tenets of the Convention. Unless there
is immediate compliance with the Court's decision, Peruvian relations
with the Inter-American community will likely suffer in light
of these infractions, with Toledo continuing to be seen as one
of the hemisphere's most controversial leaders.
Relations with the U.S. will
in all probability remain unaffected as Washington has not been
overly zealous in its concern for Berenson's fate, and continues
to give precedent to good relations with Peru in order to combat
the production and exportation of narcotics over the welfare
of one of its citizens. This attitude may be violative of U.S.
legislation. Under the terms of Section 1732, Title 22, Chapter
23 of the U.S. Code of Law, the White House is obliged to take
action on Berenson's behalf; 'Whenever it is made known to the
President that any citizen of the U.S. has been unjustly deprived
of his liberty by or under the authority of any foreign government,
it shall be the duty of the President forthwith to demand of
that government the reasons of such imprisonment; and if it appears
to be wrongful and in violation of the rights of American citizenship
the President shall forthwith demand the release of such citizens,
and if the release so demanded is unreasonably delayed or refused,
the President shall use such means, not amounting to acts of
war and not otherwise prohibited by law, as he may think necessary
and proper to obtain or effectuate the release; and all the facts
and proceedings relative thereto shall as soon as practicable
be communicated by the President to Congress.' If the Bush administration
continues on its apathetic course in the tradition of former
President Clinton, the U.S. government could potentially face
lawsuits from either the Berenson family or other interested
parties for not honoring this piece of legislation.
Justice
Denied
In January 2003, the Constitutional
Court of Peru made a feeble attempt to amend the 1992 anti-terrorist
laws by recognizing the unconstitutionality of one of the four
decree-laws that concerns treason, which is defined as an aggravated
form of terrorism. This revision occurred four years after the
Inter-American Court ruled that this specific decree-law violated
the American Convention on Human Rights. By ratifying and upholding
the remaining three decree-laws of '92, the Constitutional Court
of Peru stood directly in opposition to the decisions of the
Inter-American Court. The Peruvian state, now under President
Toledo, has made it clear that it will attempt to obstruct any
effort made by the Court to release those prisoners deemed terrorists.
Toledo's personal indiscretions, such as lying to the nation
and his glaring incompetence, have discredited him with his own
people. He has been unflinching in his virtually sadistic insistence
that Berenson remain behind bars. Nevertheless, his government
has pledged to comply with the Court's decision in the Berenson
case; unfortunately, Peru remains resolute in its position to
continue imprisoning individuals under laws that have been found
to violate the American Convention on Human Rights. Consequently,
the international community remains pessimistic about the impact
the Berenson case may eventually have on the reformation of Peru's
deeply flawed criminal justice system, where the size of one's
purse often has a more clamorous effect on judges than the intrinsic
justice of one's case.
Critics argue that the Peruvian
judicial system must be held accountable to the international
standards to which it is committed. Ideally, Peru should acknowledge
that its counter-terrorism laws continue to be in serious violation
of the American Convention on Human Rights, as the Inter-American
Court has previously held in its judgment of the Loayza Tamayo
and Castillo Petruzzi cases. If the ruling of the Berenson case,
in addition to the Court's previous rulings, proves unable to
sway the Constitutional Court of Peru, the international community
should echo the sentiments put forth in the Amicus Curiae brief
filed on Berenson's behalf in May 2004 on the part of human rights
advocates, among them Nobel Laureates Adolfo P'|rez Esquivel
and Rigoberta Mench'2; the Court must examine the status of each
prisoner convicted under the '92 anti-terrorist laws issued by
the Fujimori administration, in order to establish whether their
sentences should be commuted, as their continued imprisonment
clearly violates the American Convention on Human Rights.
Today, the excesses under the
guise of governments waging war on terrorism function as one
of the prime risks to even minimal human rights observance. Anti-terrorist
laws jeopardize individual freedoms, democratic institutions
and the rule of law as is clearly illustrated in the Peruvian
precedent. As the U.S. holds Muslims in Guantanamo Bay, Cuba
under the aegis of the country's anti-terror legislation must
acknowledge that the violation of the tenets put forth in the
American Convention on Human Rights is not unique to Peru; it
is a problem endemic throughout the world. A timely decision
regarding the Berenson case, however, could very well serve as
a powerful reminder that human rights must be defended as governments
endeavor to prevent and control terrorism (C)* even their own,
when it comes to dealing with their nationals and those of other
countries.
Abigail Jones is a Research Associate at the Council on Hemispheric Affairs,
founded in 1975, is an independent, non-profit, non-partisan,
tax-exempt research and information organization. It has been
described on the Senate floor as being 'one of the nation's most
respected bodies of scholars and policy makers.' She can be reached
at: coha@coha.org.
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Davies, Ford, Kearney, McLellan and Albert
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