US embassy cable - 05LIMA2074

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