International Law Blog Postings
Archives for: May 2010
Peru Grants Transfer of U.S. Citizen Convicted of Terrorism from Prison to House Arrest But Might Deport Her
A Peruvian judge approved early release to house arrest for a U.S. citizen jailed since 1995 on terrorism charges of unlawful collaboration with the Marxist-Leninist Túpac Amaru Resistance Movement (MRTA) rebels during Fujimori's Presidency. Judge Maria Jessica León Yarango of the First Supra-Provincial Criminal Court of the Superior Court of Justice of Lima ordered Lori Berenson's release to house arrest, subject to several conditions, including that she neither leave Peru nor contact or visit inmates still in prison on terrorism charges. Berenson, originally sentenced to life imprisonment by a hooded military tribunal for violating anti-terrorism laws decreed by then-President Fujimori, has served almost 15 years of a 20-year sentence imposed at her retrial in a civilian court. Her conditional release to live in Miraflores, an upscale tourist district of Lima, however, has been greeted with concern by nearby businesses and residents who worry about post-release supervision and public safety, according to Peruvian media. Moreover, Peru's President Alan Garcia, former Justice Minister Aurelio Pastor, and the former president of the Superior Court Marcos Ibazeta, who rendered Berenson's 20-year sentence in 2002, are quoted in yesterday's media questioning whether Berenson, a convicted terrorist who has not made a public declaration of remorse, should have been granted parole. President Garcia called the law allowing her early release a mistake but expressed respect for the judicial decision and the independence of the judiciary. Today, Justice Minister Victor Garcia Toma posted his proposal of an Executive expulsion of Berenson and its legal justification on the Ministry's website. If President Garcia would commute her sentence, she could be immediately deported. Minister Garcia Toma indicated the President's Council of Ministers will consider this legal option next week.
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Legal News Headlines
Return of the StateThis article is the extended address by José E. Alvarez, the Herbert and Rose Rubin Professor of International Law at New York University School of Law, at the University of Minnesota Law School's conference on "International Economic Law in a Time of Change." Alvarez relects upon and rebuts a collection of papers on supra-nationalism presented at the conference. He argues that states, as sovereign entities, are making a comeback. The full-text is available online for free.
Whither Justice? Uganda and Five Years of the International Criminal Court Michael Drexler argues that the International Criminal Court is pursuing an inappropriate engagement strategy in Uganda by ignoring the impacts of criminal prosecution and investigation on the prospects for peace to the country's decades-long conflict. It is published by the peer-reviewed Interdisciplinary Journal of Human Rights Law (IJHRL) and is available online for free.


