FILE - U.S. political activist Lori Berenson speaks to The Associated Press at her home in Lima, Peru, in this Nov. 9, 2010 file photo. Paroled U.S. activist Lori Berenson was headed for New York early Saturday Dec. 17, 2011 after a Peruvian court ruled she and her toddler son could travel there for the holidays, airport security officials said. (AP Photo/Karel Navarro, File)AP2010
The permission granted to Lori Berenson, who is on parole after serving most of her 20-year prison sentence for aiding leftist rebels, to leave Peru will likely be revoked early this week, the prosecutor in charge of terrorism cases, Julio Galindo, said.
Proseuctors filed an appeal of a court decision last week allowing Berenson to leave Peru for the holidays, Galindo told TV Peru.
The 42-year-old Berenson and her toddler son were prevented by immigration agents from flying to New York on Friday night, her attorney and ex-husband, Anibal Apari, said.
"I expect the court will make a ruling on revocation ... Monday and notify me within the same period of 24 hours that it notified Lori Berenson to grant her the right to leave," Galindo told the state-owned television network.
The court has the opportunity to "deal with its error, correct it and resolve the situation under the law because the rule is clear," the prosecutor said, referring to Legislative Decree 927, which prohibits those convicted of terrorism from leaving the country.
A three-judge appeals panel gave Berenson permission to travel to the United States, but immigration agents at Jorge Chavez International Airport refused to let her board her flight because she lacked an exit order.
Berenson and her 2 1/2-year-old son, Salvador, whose father is Apari, planned to fly to New York on Friday night.
"She showed them the order from the court that lifted the ban on leaving the country and told them we went to the offices of the Judicial Police, which handles these matters, and they had known since Thursday about the court order, which removed the barriers to leaving" the country, Apari said.
"They have invented" the requirement for an exit order because "no such document exists since leaving the country is not up to the immigration service, it is up to the judicial branch, and it has ruled," the attorney said.
Berenson, who was paroled last year, was notified on Thursday that she could travel to the United States between Dec. 16 and Jan. 11.
The decision has been harshly criticized by some in Peru, but Apari said the travel permission granted to the U.S. citizen was consistent with Peruvian law.
Berenson was arrested in December 1995 as she was leaving the Peruvian Congress.
Prosecutors alleged that she entered the premises with false press credentials to obtain information on the building's security systems for use in planning an attack by the Tupac Amaru Revolutionary Movement, or MRTA, guerrilla group.
A day after her arrest, police foiled an MRTA plot to storm Congress, take lawmakers hostage and exchange them for jailed leaders of the now-defunct rebel group.
One of the special military courts established by then-President Alberto Fujimori - now serving time for massacres committed during his administration - sentenced Berenson to life behind bars for treason.
The sentence was reduced to 20 years by a civilian court that retried the U.S. activist after the Inter-American Court of Human Rights ruled invalid the verdicts handed down by the Fujimori-era panels.
In a public hearing in August 2010 before the National Penal Court, Berenson apologized for having supported the MRTA.
"Yes, I collaborated with the MRTA. I was never a leader or a militant. I never participated in violent or bloody acts. I never killed anybody," she said at the televised court session. "If my participation contributed to societal violence, I am very sorry for this."
Berenson was released from prison in November 2010, but she must remain in Peru until 2015 unless the government decides to commute the rest of her original sentence and expel her.
Many in Peru were angered by Berenson's parole.
Around 70,000 Peruvians died in politically motivated violence between 1980-2000.
The biggest share of the killings is attributed to the Maoist-inspired Shining Path, with the security forces accounting for most of the rest.