Alberto Fujimori and the Inter-American Court: The consequences of his request to the government and what could happen in the next few hours | principle

After knowing the decision Constitutional Court (TC) That would pave the way for the ex-president’s release Alberto FujimoriThe Inter-American Court of Human Rights (Inter-American Court) announced a request to the Peruvian government to report on the status of the case of the ex-president, who was pardoned in 2017 and remains in Barbadillo prison.

The request by the US Intermediate Court follows a brief provided by the lawyers of the victims in the Barrios Altos and La Cantuda cases, where they report what is happening in Peru with the decision published last Tuesday by the TC.

In the latter, requests for clarification are rejected, and in practice, the possibility of carrying out the previous sentence – from March 2022, in which the TC (along with other magistrates) ordered the immediate release of the imprisoned ex-president, remains open. Reinstating the effects of the amnesty granted in favor of Pedro Pablo Kuczynski (PPK) in the government.

“Government shall send updated and detailed information on compliance with what was ordered in the second operative paragraph of the above resolution of April 7, 2022.“, Court Secretary Pablo Saavetra said in a press release.

The decision of the Court and the particular point mentioned in this last section are hereby ordered to the Peruvian Government. “Except” The sentence given by the TC in favor of Fujimori should be carried out precisely because his assessment did not give “conditions” Established within the framework of its oversight of compliance with the May 2018 sentences, the pardon prompted a review that was later revoked.

In conversation with TradeSenior Advocate, Carlos Riano, They confirmed they received a request for information from the Inter-American Court on Thursday morning; And they have already sent letters to relevant institutions such as the Ministry of Justice, the Constitutional Court and others to respond to the court as the Peruvian government.

Impacts

Óscar Urviola, the former president of the TC, said that although the Supreme Interpreter of the Constitution concluded that the 2022 judgment was valid, he had nothing to clarify and already had status. “Decided Matter”, “Peruvian Government Can’t Implement” The same — that is, Fujimori’s release — unless a US court lifts the suspension. This is due to the government’s commitment to complying with international treaties and conventions.

“The Peruvian government cannot carry out this sentence. But that too cannot be defined. The government should request the court to ensure that all the requirements in the relevant observations have been met and that a humanitarian pardon be granted using the power established by the Constitution itself. The order of the sentencing court was executedUrviola pointed out Trade.

Therefore, even though the former magistrate, now a judge of the High Court of Aigah, “enable” What the court ordered, “This execution must conform to the existing legal system.”. “Part of that existing legal system regulates international treaties. That is, the judge must act in accordance with the constitutional order and the customary order.”He pointed out.

Along those lines of thought, the former TC magistrate positively considered the need for a report to the US-Inter-American Court on the situation of the case in Peru, because there the Peruvian state had fulfilled the demands and could warn that there was a resolution. Already TC’s “It is res judicata.”

In his words, the court “That suspension should be removed because that suspension also affects other fundamental rights of a person” Y “There can be no indefinite suspension”without solution. But he stressed that the TC judgment cannot be ordered to be implemented domestically unless the action is lifted. He insisted. “That would put Peru in a position of non-compliance with the treaty.”.

For his part, PUCP’s professor of constitutional law, Heber Joel Campos, pointed to the Inter-American Court. “Government has directed to report (…) the situation in implementation of the measure adopted in April last year”The Peruvian government was ordered to refrain from complying with the TC resolution confirming the effects of the amnesty.

“Through this communication, the court reminds the government that its order has been in force since April last year. Therefore, the judgment of the TC is not applicable”, are considered to be associated composites Trade.

In this case, the execution judge had his opinion “Ignore the sentence handed down by the DC and opt instead for the rules of the Inter-American Court of Justice.”.

“We must not forget that international treaties are part of our domestic law as per Article 55 of the Constitution. That way, if he does, his decision will be legal and consistent with the American framework for protecting human rights.He noted.

Judge must rule

He came in the morning and physically, yesterday Thursday High Court of IC A huge file of nearly 1,000 pages related to the former president’s case Alberto Fujimori. As he announced, the judge is expected to deliver a verdict in the next few hours TradeMagistrate Fernando Vicente Fernandez Tapia, in charge of IGA’s first production trial court. Prediction of what will happen is, of course, reserved.

The office from the south of Lima announced in 2020 that it could not accept the habeas corpus appeal granted in favor of the former president and triggered the subsequent ruling of the TC, which finally ruled in favor of Fujimori in 2022, but the consequences of which they did not apply after the suspension of the US Court of Appeals.

The bulky file was manually digitized page by page. Elio Riara, the former president’s lawyer who arrived at the Ica court to hear the case, confirmed to reporters that he was able to move from the administrative area to the judicial area only in the afternoon.

“We hope this demand will be resolved tomorrow (Friday). (…) They told us it should be resolved in the afternoon”He pointed out Raira.

IDL criminal lawyer Juan José Quispe, who represents the victims in the Barrios Altos and La Cantuta cases, in this newspaper, in his opinion, with information made by the Inter-American Court, The court must remain vigilant and “exercise reasonable restraint.” That is, evaluate the established by the international organization.

“Many people say that only you have to implement, no. The judge is not a robot. The judge must issue his decision if the TC is bound by the decision or is going to use conventional control. (…) It must reject what was decided by the TC and comply with the mandate of the Inter-American Court. That is, Mr. Fujimori should not carry out the sentence that the TC had earlier given him in his freedom.”, Guispe insisted.

For his part, TC President Francisco Morales reiterated that it is the court’s responsibility to proceed with the pardon because it is up to the court in terms of powers. “Determine the Independence of Peruvians in National Territory.”

“The court has oversight and it has an oversight procedure that gives, says and recommends its opinion – and already has. But it is the discretion of the Peruvian government to comply or not. But the Peruvian government also has an obligation regarding the decisions of the Constitutional Court.”Morales told Excitosa.

It is true that even if he decides either way, the judge is open to complaints from both sides.