Judge Manuel Encarnacion Toscano has allowed to be heard in court a US$ 100 million lawsuit by the president of Aero Continente, Fernando Zevallos, against the director of the television program “Revista Dominical”, Nicolas Lucar, and reporter Alamo Perez Luna for alleged defamation during the broadcast of two reports which linked Zevallos to drug trafficking […]
Judge Manuel Encarnacion Toscano has allowed to be heard in court
a US$ 100 million lawsuit by the president of Aero Continente,
Fernando Zevallos, against the director of the television program
“Revista Dominical”, Nicolas Lucar, and reporter Alamo Perez Luna
for alleged defamation during the broadcast of two reports which
linked Zevallos to drug trafficking in the 1980s. (Zevallos is
currently among the accused in a trial involving the drug
trafficking operation of the Lopez Paredes brothers.) In
addition, judge Encarnacion notified Lucar that, during the
trial, he would not be permitted to discuss the matter in any
way. Lucar later stated that he would abide by the judge’s
decision, even though he does not agree with it.
According to Lucar, judge Encarnacion is biased in favour of
Zevallos. He stated that during a 9 October 1996 hearing with
Encarnacion, the latter behaved aggressively and displayed a
clear intention to vindicate Zevallos. “[Encarnacion] told me
things that had no bearing on the case. His line of questioning
demonstrated no intention to determine the validity of the facts.
On the contrary, he displayed an explicit defence of the
plaintiff. It was a tense meeting, which caused me at one point
to tell him to take me away because he had already sentenced me,”
said Lucar.
For his part, Alamo Perez Luna, a reporter for “La Revista
Dominical” who has been targeted by Zevallos in his lawsuit, was
questioned along with Lucar on 9 October. He stated afterwards
that he was surprised by the aggressive behaviour of the judge
and by the questions asked of him. “He asked me if I was a
journalist, and I said that I was. He then asked me to show him
my card identifying me as a professional (“colegiado”)
journalist. I told him that I did not have one, at which point he
answered in a mocking tone, `You’re not a journalist, then.’ I
told him that I was here to answer the charges brought against me
and not to tell him whether or not I was a professional
journalist.”
Lucar, who had been subject to several incidents of intimidation
during the past week, added that, in his opinion, the lawsuit has
no foundation since it has been brought by someone who is
currently implicated in a drug trafficking trial.
Recommended Action
Send appeals to authorities:
allow Nicolas Lucar to discuss in any manner the case of Fernando
Zevallos, calling it a violation of press freedom
and Alamo Perez Luna
Appeals To
Ing. Alberto Fujimori Fujimori
President
Palacio de Gobierno
Plaza de Armas
Lima 1, Peru
Fax: +511 4266770 (or +511 4266535 via presidential press office)
Sr. Carlos Hermoza Moya
Minister of Justice
Ministry of Justice
Lima, Peru
Fax: +511 4417320 / 4223577
Dra. Blanca Nelida Colan Maguino
Public Prosecutor
Lima, Peru
Fax: +511 4264429 / 4262474
Copies to:
Dr. Jorge Santistevan de Noriega
Ombudsman of Peru
Fax: +511 4264900
Please copy appeals to the originator if possible.
