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Lori Berenson to receive new trial in Peru

Berenson

From CNN State Department Producer Elise Labott and CNN National Correspondent Gary Tuchman

WASHINGTON (CNN) -- A military court in Peru has lifted the life sentence of Lori Berenson, paving the way for the American to have a new trial in civil court, Peruvian and State Department sources told CNN.

"The military court decided she will be given a new trial" a Peruvian source said.

A written announcement by the Peruvian Supreme Council of Military Justice said that the court documents related to Berenson's case have been sent to the nation's "Public Prosecutor" so that civil proceedings can commence.

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The statement also said the decision was in response to a December 1999 appeal by Berenson against the life sentence for crimes of treason against the Peruvian state.

The 30 year-old New York native was convicted in 1996 by a secret military court for conspiring with a rebel group known as the Tupac Amaru Revolutionary Movement to attack Peru's congress.

The attack was prevented by Peruvian authorities.

A Senior State Department official told CNN that the Peruvian government notified the State Department Monday morning of the decision.

"We have always said that Lori is entitled to a fair trial, one that merits the standard of due process," the official said. "We didn't think the military court met that standard, and have been telling the government that for some time. We are happy they have taken another look and decided she merits a new trial."

In response to charges that Berenson's military trial did not afford her the opportunity to put on an adequate defense, a Peruvian source insisted the new trial will enable Berenson to "fully defend herself."

The source added that military courts normally have jurisdiction over so-called "terrorist" cases because groups, such as the Tupac Amaru Revolutionary Movement and the Shining Path, have "tricked the Peruvian civil justice system."

"It was impossible to fight them," he said. "And unfortunately this girl was captured among them...She did do something wrong, but now can prove her case."

According to the State Department, the Peruvian government remanded the case back to civil court after recognizing that the military court overstepped its jurisdiction by trying Berenson as the leader of a terrorist organization, rather than merely being associated with the group.

"The military court was improperly used," said the senior State Department official.

The Peruvian source acknowledged that because military court trials are conducted "in secret, people do not have faith in the system."

But he added that the civil court, which is an independent body from the government and military, is much more open.

"It is a good opportunity," he said, of the new trial.

The senior State Department official agreed that the civil court is a "far more transparent and open" body, "which will allow everyone to see that Lori is given due process," he said. "We are hopeful that she will be."

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