The IEC-US recently received this update:
IMPORTANT NEW DEVELOPMENTS IN THE BATTLE TO FREE THE PERUVIAN LAWYERS ARRESTED ON TERRORIST CHARGES
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However we have now been able to confirm that two of the eight Peruvian lawyers held in prison for over 16 months have finally been released. In March a Superior Court in Lima agreed with the prosecutor's opinion that there was "no merit" in the accusations of terrorism against Teodoro Cornelio Bendezu Montes and Fredy Huaraz Riquez and that they should be released and not brought to trial on those charges. Our information is that in the case of as many as five others the prosecutor has also issued an opinion of "no merit." Therefore some or all of these five could also be released in the near future.
Word of the release of two of the lawyers is good news indeed! This important victory demonstrates the impact of the support, both in Peru and internationally, which has been expressed for the lawyers. And it underlines how important it is to step up support for all of the lawyers who are still in prison.
The original arrest and imprisonment in November, 1997 of these prominent defense lawyers has been denounced by the Association for Human Rights in Peru (APRODEH), the Lima Bar Association, the Mexican and United States branches of the American Association of Jurists, the National Lawyers Guild, and the Center for Constitutional Rights. Close to one hundred lawyers, academics, and students from Colombia sent a letter to the United Nations Working Group on Arbitrary Detentions (UNWGAD) condemning the arrests. A similar statement, signed by 58 Greek lawyers and 12 other professionals, was sent to the InterAmerican Commission on Human Rights (IACHR). And a statement signed in the United States by more than 150 lawyers and over 100 law students was sent to the IACHR at the time of the IACHR's fact-finding visit to Peru in November, 1998. Most recently 814 members of the Athens Bar Association signed a petition calling for the release of the Peruvian lawyers.
To recap: The eight lawyers arrested in 1997 were all originally charged with treason and brought before military courts. One of them, Luis Ramon Landaure, was actually tried for treason in a military court in February 1998. He was convicted and sentenced to life. His conviction was eventually annulled by the Supreme Court of Military Justice, but he was not freed. Instead his case was passed over to the civilian courts for another trial, based on the same charges and the same "facts," although this time the "crime" was terrorism instead of treason. The other seven were all absolved of the charges of treason and then bound over to the civilian courts to face trial for terrorism.
In fact there have been thousands of Peruvians charged under the anti-terrorism decrees put in place by the Fujimori regime after the April, 1992 coup. Those trials have been notorious for flagrant violations of international standards including: denying accused and their lawyers access to evidence against them; denying the right to cross examine witnesses; denying accused and their lawyers the ability to prepare and present a defense; harassing and threatening defense lawyers who dare to represent the accused. Clearly the systematic rounding up of the very lawyers who step forward to defend the accused is a further dangerous attack on the most fundamental rights in Peru.
The case of Luis Ramon Landaure is typical of the trials carried out under the anti-terrorism laws. In the first place the trial in Peru of hundreds of civilians by military courts is itself an ominous violation of international standards. It is a further violation to be tried twice on the same "evidence," first for treason in the military court and then for terrorism in civilian proceedings. And the main evidence against Luis Ramon Laundare is based on the testimony of two arrepentidos (people who took advantage of the 1992 Repentance Law to get lenience in exchange for giving names and testifying against others). One of these arrepentidos was forced by the police under threat of being charged with treason to give testimony against him and the other lawyers. The other gave such testimony in exchange for promises of freedom for his mother and sister.
The UNWGAD report released this spring, included a reference to the use of arrepentidos testimony against Luis Ramon Landaure. (The report also notes that the military judge had expressed bias against him and that the writ of habeas corpus had been denied in all of these cases). Furthermore, at the time of the initial trial for treason neither Ramon nor his lawyers were not even informed of the testimony by the arrepentidos, nor was he ever given a chance to answer the charges. Other evidence against him consisted of possession of legal Marxist texts and documents addressed to the IACHR itself on behalf of the people accused of terrorism, and alleged association with people who the government considers subversives. There were no specific criminal acts even alleged against Luis Ramon Landaure or the other lawyers, yet they have been held in prison for more than sixteen months!
The fact that two of the lawyers were released shortly after yet another lawyer was arrested signals that while the Peruvian government may be having some difficulty forcing its railroad through, the situation in Peru is in flux. The release of Teodoro Cornelio Bendezu Montes and Fredy Estaban Huaraz Riquez indicates that the government is feeling the pressure of international and domestic protest. The judge who absolved them publically denounced the prosecutors and trial judges for having prosecuted them for over a year when there was clearly no evidence against them. This makes it even more clear that the charges against all these lawyers have been politically motivated from the start and are part of the government's efforts to use the "terrorist" label to suppress all opposition in society.
Now is the time to intensify exposure and protest and support. Please circulate this update and write or fax the InterAmerican Commission on Human Rights and other appropriate organizations urging them to call upon the Peruvian government to free all of the lawyers and to abide by international standards and treaties. Include in your communication reference to the recently arrested lawyer and other material in this update.
Send To:
Inter-American Commission on Human Rights
Attn: Executive Secretary Jorge Taiana
1889 F St 8th Floor
Washington, D.C. 20006
Fax 202-458-3992
Please be sure to send copies of communications to:
Will Harrell, National Vice President, National Lawyers Guild
c/o Center for Constitutional Rights
666 Broadway 7th Floor
New York, New York 10012
Ph 212-6l4-6432
Fax 212-614-6499
