Christian Imprisoned after Three Innocent Verdicts in Peru

Persecution watchdog Christian Solidarity Worldwide (CSW) has come out in support of a Peruvian man re-imprisoned despite already being found innocent of involvement with terrorism three times by Peruvian courts.

The Peruvian Supreme Court has again nullified a court decision absolving him and issued an order for his re-arrest.

Carlos Jorge Garay was first arrested when he was 19 and charged with terrorism. He was released on 2 November 2004 after spending twelve years in prison.

He was later absolved of all the charges after a lengthy judicial process by the National Penal Court.

However, he has now been informed that his previous acquittals have been invalidated and that he must be returned to prison to await a re-trial, following a Supreme Court order.

In his three years of freedom, Garay has married and now has an infant daughter. He has expressed concern to CSW, saying that if the courts refuse to release him from prison, it may be another four years before he sees his daughter because of strict prison visitation rules.

Peruvian human rights charity, Peace and Hope, has issued an appeal for international action on his behalf.

According to their lawyer, Dr Lourdes Zegarra, the Peruvian Supreme Court previously re-opened the case for review in 2005. In that instance, Garay was again found to be innocent.

Dr Zegarra hit out at latest developments, pointing to inconsistencies throughout the cases.

"What has happened now is that 'repented' individuals, people who under threat were forced to declare their guilt and give names of others [in order to reduce their sentences], have been introduced. What is curious is that in this trial, a person who, in a previous trial stated that he did not know Carlos, now says that he does."

Dr Zegarra also said that other witnesses against Garay are testifying from behind "dark glass" so that it is impossible for Garay or his lawyers to know who is accusing him.

CWS's National Director, Stuart Windsor, expressed his concern: "Peru has made great advances over the past few years in re-establishing democracy and examining the human rights abuses of the past 20 years, through initiatives like the Truth and Reconciliation Commission.

"This makes it all the more disturbing to learn of cases like this one, where the rights of a man, who has already been found innocent on three occasions, continue to be violated as the Supreme Court re-opens the case yet again. We call on the Peruvian Government to release Carlos Garay and reunite him with his family."

He called for action to be taken immediately: "We urge the authorities not to force him to undergo yet another trial for crimes of which the Peruvian court system has already found him to be innocent and to ensure that others like him are not subjected to this same ordeal."