State Department cable distributes transcript from the February 27, 2002 press conference where a variety of subjects were addressed. Among the issued raised were: i) Lori Berenson's conviction upheld in Peru; ii) the status of detainees in Guantanamo; and iii) the laws of armed conflict and the rights of the U.S. to detain combatants
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SOURCE: CBLEXCLS.005765
DRAFTED BY: WHA/PDA:LSHAMILTON
02/27/2002 647-4726
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UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY: SHARON E AHMAD DOS-001908 DATE/CASE ID: 04 NOV 2004 200303827
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ALL POSTS FOR PAO, USSOCOM FOR POLAD
E.O. 12958: N/A TAGS: OPRC, KPAO SUBJECT: WHA GUIDANCE, FEBRUARY 27, 2002
SUMMARY OF CONTENTS: 1. L/CA/WHA PRESS GUIDANCE, FEB 27 (PERU) 2. L PRESS GUIDANCE, FEB 27 (GUANTANMO/DETAINEES) END SUMMARY.
1. L/CA/WHA PRESS GUIDANCE, FEBRUARY 27, 2002
-- PERU: LORI BERENSON CONVICTION UPHELD --
Q: WHAT IS YOUR REACTION TO THE PERUVIAN SUPREME COURT'S
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PAGE 03PSTATEP038256 272241Z DECISION TO UPHOLD THE CONVICTION AND SENTENCE OF LORI BERENSON?
A: THE PERUVIAN SUPREME COURT ON FEBRUARY 18TH UPHELD BY A
4-1 VOTE MS. BERENSON'S CONVICTION AND SENTENCE FOR
COLLABORATION WITH THE TUPAC AMARU REVOLUTIONARY MOVEMENT
(MRTA). THIS IS THE FINAL STEP IN THE PERUVIAN APPEALS
PROCESS. WE UNDERSTAND THAT MS. BERENSON STILL HAS A CASE
PENDING BEFORE THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
HERE IN WASHINGTON
Q: WILL PRESIDENT BUSH ASK PRESIDENT TOLEDO TO PARDON
BERENSON WHEN HE TRAVELS TO LIMA MARCH 23?
A: I WOULD REFER YOU TO THE WHITE HOUSE FOR INFORMATION ON
THE PRESIDENT'S TRIP TO PERU.
Q: DOES THE U.S. GOVERNMENT BELIEVE THAT MS. BERENSON
RECEIVED JUSTICE FROM THE PERUVIAN LEGAL SYSTEM?
A: IT IS OUR UNDERSTANDING THAT THE PERUVIAN SUPREME COURT
EXAMINED AT THE ISSUES RAISED BY MS. BERENSON'S DEFENSE
ATTORNEY IN THE APPEAL HE FILED ON HER BEHALF. IT APPEARS
THAT MS. BERENSON,S ATTORNEY WAS ABLE TO ENSURE THAT HIS
CLIENT RECEIVED ALL RIGHTS AND PROTECTIONS AFFORDED UNDER
PERUVIAN LAW.
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Q: WHY DID THE EMBASSY NOT SEND SOMEONE TO ATTEND THE APPEAL COURT HEARING?.
A: THE HEARING WAS CLOSED TO THE PUBLIC.
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Q: DOES THE U.S. GOVERNMENT SUPPORT MS. BERENSON'S EFFORTS
TO HAVE HER CASE REVIEWED BY THE INTER-AMERICAN COMMISSION ON
HUMAN RIGHTS?
A: THIS IS A MATTER FOR MS. BERENSON TO DECIDE. SHE IS FREE
TO SEEK REDRESS THROUGH THE INTER-AMERICAN COMMISSION ON
HUMAN RIGHTS, SHOULD SHE CHOOSE TO.
Q: WHAT IS YOUR REACTION TO CLAIMS BY MS. BERENSON'S PARENTS AND U.S. ATTORNEYS THAT HER TRIAL AND THE PERUVIAN APPELLATE PROCESS WERE A SHAM AND THAT SHE DID NOT RECEIVE DUE PROCESS?
YOUR OWN HUMAN RIGHTS REPORT STATES THAT THE CIVILIAN
TERRORISM COURT IN WHICH LORI BERENSON WAS TRIED "DOES NOT
MEET INTERNATIONALLY ACCEPTED STANDARDS OF OPENNESS, FAIRNESS
AND DUE PROCESS."
A: STATE DEPARTMENT HUMAN RIGHTS REPORTS ARE RETROSPECTIVE -- THEY DEAL WITH EVENTS OF THE PREVIOUS YEAR AND, IN THE CASE OF PERU, THE PREVIOUS GOVERNMENT. IN OUR 2000 HUMAN RIGHTS REPORT THE UNITED STATES JUSTIFIABLY CONDEMNED THE UNDUE INTERFERENCE OF THE FUJIMORI ADMINISTRATION WITH PERU'S JUDICIAL SYSTEM. WE ARE UNAWARE OF ANY INTERFERENCE SINCE THE END OF THE FUJIMORI ADMINISTRATION.
Q: SO ARE YOU SAYING THAT LORI BERENSON'S CIVILIAN TRIAL WAS
FAIR AND MET INTERNATIONAL STANDARDS?
A: THE COURT RENDERED ITS VERDICT AFTER A PUBLIC TRIAL FREE
OF THE MOST EGREGIOUS FLAWS IN THE MILITARY TRIAL AND WHICH
ADDRESSED SOME OF THE CONCERNS WE HAD ABOUT MS. BERENSON'S
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MILITARY TRIAL. FOR EXAMPLE, MS. BERENSON WAS ABLE TO
CONFRONT THE ACCUSATIONS AGAINST HER AND PRESENT EVIDENCE IN
HER OWN DEFENSE -- RIGHTS DENIED HER DURING HER MILITARY
TRIAL. WE ALSO DO NOT BELIEVE MS. BERENSON WAS DISCRIMINATED
AGAINST IN HER CIVILIAN TRIAL OR DURING THE APPELLATE PROCESS
FOR BEING A U.S. CITIZEN. IT APPEARS THAT MS. BERENSON'S
ATTORNEY WAS ABLE TO ENSURE THAT HIS CLIENT RECEIVED ALL
RIGHTS AND PROTECTIONS AFFORDED UNDER PERUVIAN LAW.
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Q: ISN'T THE U.S. GOVERNMENT'S ADVOCACY ON BEHALF OF LORI
BERENSON INCONSISTENT WITH THE U.S.'S ANTI-TERRORISM POLICIES?
A: THE U.S. CONDEMNS TERRORISM IN ANY FORM. WHAT THE U.S.
HAS LONG ADVOCATED IN LORI BERENSON'S CASE IS THAT SHE BE
AFFORDED A FAIR TRIAL UNDER PERUVIAN LAW.
Q: ISN'T THE MILITARY TRIBUNAL THAT ORIGINALLY SENTENCED LORI
BERENSON TO LIFE IMPRISONMENT, AND WHICH THE U.S. SO STRONGLY
CRITICIZED FOR NOT PROVIDING A FAIR TRAIL, SIMILAR TO THE
MILITARY TRIBUNALS THE U.S. IS NOW PROPOSING TO TRY CASES OF
FOREIGN TERRORISTS?
A: NO, THE SUMMARY MILITARY TRIBUNAL THAT ORIGINALLY
CONVICTED LORI BERENSON FAILED TO MEET DUE PROCESS STANDARDS
IN SEVERAL RESPECTS. FOR EXAMPLE, MS. BERENSON WAS NOT ABLE
TO CONFRONT THE ACCUSATIONS AGAINST HER OR TO PRESENT
EVIDENCE IN HER OWN DEFENSE.
2. L PRESS GUIDANCE, FEBRUARY 27, 2002
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-- STATUS OF DETAINEES IN GUANTANAMO --
Q: WHAT IS THE INTERNATIONAL LEGAL BASIS FOR THE U.S. HOLDING
THE DETAINEES FROM THE AFGHANISTAN CONFLICT AT GUANTANAMO BAY?
A: THE DETAINEES ARE BEING HELD ON THE BASIS OF THEIR HAVING
BEEN PART OF AN OPPOSING FORCE IN AN ARMED CONFLICT IN WHICH
THE UNITED STATES IS ENGAGED_ THUS, THEY ARE BEING HELD
BECAUSE THEY ARE ENEMY COMBATANTS.
THE CUSTOMARY LAWS OF ARMED CONFLICT GIVE THE U.S. THE RIGHT
TO DETAIN THESE COMBATANTS AT. LEAST UNTIL THE CONCLUSION OF
HOSTILITIES. THESE ACTIONS ARE ENTIRELY CONSISTENT WITH THE
1949 GENEVA CONVENTIONS.
THE PRESIDENT HAS DETERMINED THAT THE THIRD GENEVA CONVENTION
ON PRISONERS OF WAR DOES NOT APPLY TO THE AL QAEDA DETAINEES.
THEREFORE, THEY ARE NOT ENTITLED TO PRISONER OF WAR STATUS.
IN ADDITION, THE PRESIDENT HAS DETERMINED THAT THE THIRD
GENEVA CONVENTION DOES APPLY TO THE CONFLICT WITH THE
TALIBAN. HOWEVER, THE TALIBAN DO NOT QUALIFY FOR PRISONER OF
WAR STATUS.
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IT IS FIRMLY ESTABLISHED IN DOMESTIC AND INTERNATIONAL LAW
THAT COMBATANTS MAY BE CAPTURED AND DETAINED. .THIS WAS
STATED EXPLICITLY BY THE U.S. SUPREME COURT DURING THE SECOND
WORLD WAR. (EX PARTE QUIRIN)
THE INDIVIDUALS BEING DETAINED AT GUANTANAMO ARE BEING
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TREATED HUMANELY CONSISTENT WITH THE PRINCIPLES OF THE GENEVA
CONVENTIONS.
POWELL
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