BOWEN DECISION CAUSES OUTRAGE, THREATENS PRESS

C O N F I D E N T I A L SECTION 01 OF 02 LIMA 002074

SIPDIS

SENSITIVE

E.O. 12958: DECL: 08/08/2014
TAGS: PGOV PHUM PINR SCUL PE
SUBJECT: BOWEN DECISION CAUSES OUTRAGE, THREATENS PRESS
FREEDOM IN PERU


Classified By: Political Counselor Alex Margulies, Reason 1.4 (d)

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Summary:
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1. (U) Judge Alfredo Catacora of the 11th Criminal Court of
Lima on 5/4 convicted British journalist Sally Bowen, her
co-author Jane Holligan, and their publisher of criminal
defamation for quoting in their book "The Imperfect Spy" an
imprisoned narcotrafficker's assertion that narco-kingpin
Fernando Zevallos was involved in drug trafficking. The
judge reserved the right to impose prison terms on the
defendants if they do not observe "good behavior" and ordered
them to pay 10,000 soles (USD 3000) in compensatory damages.
The decision represents an insidious threat to press freedom.
The defendants are appealing. Local media reaction has been
strongly in Bowen's favor, with press freedom organizations
up in arms and newspapers strongly criticizing the judge's
ruling. End Summary.

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Judge Catacora Rules
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2. (U) Judge Alfredo Catacora of the 11th Criminal Court of
Lima on 5/4 convicted British journalist (over twenty years
resident in Peru) Sally Bowen, her co-author Jane Holligan,
and their publisher of criminal defamation. The judge
reserved the right to impose prison terms on the defendants
if they do not observe "good behavior" and ordered them to
pay 10,000 soles (USD 3000) in compensatory damages for
having cited allegations that narco-kingpin Fernando Zevallos
was a drug trafficker in their book "The Imperfect Spy."

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Twisted Reasoning, De Facto Censorship
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3. (C) According to Bowen's attorney, Jorge Santistevan,
Judge Catacora ruled that the mere reporting of a source's
statement that Zevallos had engaged in narcotrafficking
constituted criminal libel. Although Zevallos, links to
narcotrafficking are common knowledge (he currently is on
trial in Peru charged with attempting to smuggle 3.5 tons of
cocaine to Mexico),the judge effectively held that a
narcotrafficker cannot be referred to as such until he has
been convicted of that crime by a court. Furthermore, the
judge reportedly ignored the jurisprudential requirement that
malice be proven to sustain a libel judgment, holding that
the journalists were liable because they should have taken
more care to discover that Zevallos had not been convicted of
narcotrafficking before publishing their book.


4. (C) Santistevan observed to Polcouns that Judge
Catacora's decision to reserve the imposition of prison terms
on Ms. Bowen and Ms. Sullivan if they do not engage in "good
behavior" for the next year effectively serves as a form of
censorship, as the journalists will risk the immediate
imprisonment should they report on Zevallos during this time.

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Bowen Under Pressure
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5. (C) Zevallos has been pressuring Bowen from a variety of
sources. Bowen told Ambassador on 4/29 that a local
journalist of Japanese-Peruvian descent who was tied to
Fujimori-era corruption had recently asked to meet with her.
The journalist advised her "as a friend" to settle out of
court with Zevallos. He suggested that if Bowen would
retract her assertion from her book, then Zevallos would
withdraw his criminal defamation complaint against her.
Bowen rejected the suggestion.


6. (C) Bowen also told Ambassador that when she went back to
examine prison records regarding her interview with the
source that fingered Zevallos, the corresponding page from
the prison's visitors log was missing. Bowen realized this
when she added up the interviews for that day, which were far
less than the total recorded in the book.

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Press, HR Groups React
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7. (U) Embassy contacted press associations Human Rights
groups and women's rights organizations in the run-up to the
decision, making them aware of USG interest in the Bowen
case. All welcomed the contact. In the wake of the
decision, the Foreign Press Association (APEP),the
Interamerican Press Association (SIP),the National
Association of Peruvian Journalists (ANP) , and the Peruvian
Institute of Press and Society (IPYS) publicly condemned the
decision as a serious threat to press freedom.


8. (U) Press reaction has been similarly strong and
negative. Lima 's flagship daily "El Comercio" led with the
headline "Judge Issues Scandalous Sentence in Sally Bowen
Case." Daily "La Republica" described the decision as "a
dangerous precedent." Daily "Peru 21" carried a page 2
opinion piece by editor Augusto Alvarez Rodrich entitled "A
Sentence to Silence," that criticized the "nefarious
precedent" that the Bowen decision would set if left to
stand.

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Comment:
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9. (U) The Bowen conviction was a travesty of justice than
can only have a chilling effect on freedom of speech and
freedom of the press if not reversed soon. Embassy has
worked with WHA/PDA on press guidance, and our officers will
continue to express our concerns over this decision with our
contacts. Furthermore, the Ambassador intends to raise this
issue in a meeting requested next week with the Supreme Court
Chief Justice. End Comment.
STRUBLE