Life sentence lifted for U.S. woman in Peru

Case is sent to civil court

In this story: Parents demand daughter's release U.S. informed of decision on Monday Court 'overstepped its jurisdiction' RELATED STORIES, SITES

WASHINGTON (CNN) -- A military court in Peru has voided the life sentence of Lori Berenson, a 30-year-old New York native convicted of treason in 1996. The move paves the way for 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 court documents related to Berenson's case have been sent to the public prosecutor so that civil proceedings can begin.

The statement also said the decision was in response to a December 1999 appeal by Berenson.

Berenson was convicted in 1996 by a secret military court of conspiring with the Tupac Amaru Revolutionary Movement to attack Peru's congress.

Peruvian authorities said they prevented the attack.

Parents demand daughter's release

Berenson's parents, who have visited her frequently in prison, said Monday that there was no reason for Peru to continue to hold her.

"Due process requires that after four years and nine months without a proper trial, Lori Berenson must be released," said her father, Mark Berenson. "It is not possible for Lori to have a fair trial in Peru under present conditions."

Rhoda Berenson, Lori's mother, said they were not told what will happen next. "We haven't been given details. Certainly, she's still going to be in prison, that we know. We don't know any time schedule.

"We don't even know for certain if the civilian courts have said (that) there is enough evidence to try her. We know they don't have any, but are they even going to say they do?"

Mrs. Berenson said Lori has suffered physically while in prison. "She spent two-and-a-half years very high up in the Andes ... Those years had a devastating effect on her health."

Mrs. Berenson said Lori "knew the truth would come out some day, and that's what kept her going."

U.S. informed of decision on Monday

A Senior State Department official told CNN that the Peruvian government notified the U.S. State Department on 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."

Court 'overstepped its jurisdiction'

According to the U.S. State Department, the Peruvian government remanded the case back to civil court after recognizing that the military court overstepped its jurisdiction by putting Berenson on trial 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 is much more open. "It is a good opportunity," he said.

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."

CNN State Department Producer Elise Labott, CNN National Correspondent Gary Tuchman and CNN.com writer Jonathan D. Austin contributed to this story.

Peru's Fujimori wins election that U.S. calls invalid
May 29, 2000
American woman imprisoned in Peru moved for medical tests
October 8, 1998
Fujimori rejects proposal to free U.S. citizen from Peruvian jail
June 24, 1998
Family wants daughter home from Peru prison
December 18, 1996

Committee to Free Lori Berenson
Committee to Support the Revolution in Peru
Embassy of Peru, Washington, DC
U.S. Department of State,1999 Human Rights Report for Peru

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