Alberto Fujimori: Peruvian State to Send Complementary Information to Inter-American Court, Details and What to Expect | | principle

The Inter-American Commission on Human Rights (IACHR) It rejected the Peruvian government’s decision to order the former president’s freedom Alberto Fujimori.

Along these lines, the Constitutional Court (TC) ordered in March 2022 – and reiterated at the end of November this year – that the American Court of Human Rights (IAC Court’s “contempt”, he pointed out, had to refrain from carrying out his judgment that ordered Fujimori to receive a humanitarian pardon and the restoration of his right to pardon).

read more: Alberto Fujimori: Behind the scenes of the meeting where the Bolwart government decided his freedom

“This is in violation of the government’s international obligations and in violation of orders issued by the US Intermediate Court.“, the IACHR warned in a statement.

He added that by ratifying the American Convention on Human Rights, the Peruvian government recognized the jurisdiction of the Inter-American Court; Therefore, he is bound to abide by his judgments.

“Governments are strongly called upon to take effective measures to guarantee victims of crimes against humanity the right to access justice with respect for their dignity.” he demanded.

They ask for updated information

On the other hand, the Peruvian State will send complementary information to the Inter-American Court regarding the release of Alberto Fujimori, which occurred on December 6 by order of the TC.

Sources associated with the penal supervision process of the Barrios Altos and La Cantuda cases, which follow before the inter-American system, told El Comercio that the information will be sent between Tuesday and Wednesday next week.

Fujimori Fujimori has been free for four days, after being released from Barbadillo prison, located at the headquarters of the Special Operations Directorate of the National Police-Dros (Ade Vittore).

The former president served 16 years of a 25-year sentence and was sentenced on April 7, 2009.

The Justice Department found him guilty of treason, classified as murder, for the Barrios Altos and La Cantuda massacres and aggravated kidnapping for arresting journalist Gustavo Coriti and businessman Samuel Dyer. His sentence ended on February 10, 2032.

As explained by the sources, on December 8, the deadline given by the Inter-American Court, the Peruvian state complied with its order responding to the observations raised by the victims in the Barrios Altos and La Cantuda cases. December 7. April 2022 resolution.

The supranational event was required in an order that said the Peruvian government should refrain from implementing the March 2022 judgment of the TC – which granted a humanitarian pardon to Fujimori and ordered his release. The demand for abstention was reiterated on December 5 by Ricardo Pérez Manrique, head of that headquarters, but he did not attend.

In response to the Inter-American Court, the sources of information initially requested and later provided by the Constitutional Court (TC), the National Prison Institute (Inpe), the Department of Justice (PJ) and the Ministry of Public Affairs (MP) indicated. ) sent. .

“Although they responded partially and only before liberation events“, they said.

So we waited until the last moment of the deadline for the companies that needed to update the information, but it didn’t come and what they had already provided was sent.

Along these lines, the Peruvian government informed the court that the publication of Fujimori Fujimori had already been announced by the press and other public media, but gave partial answers and, before the publication, the above-mentioned companies were requested to update. The information will be sent to the US organization.

As of the completion of this report, the Inter-American Court has not sent any new reference to the Peruvian state.

“The court (IDH) receives briefs from the parties and the Inter-American Commission may analyze them, request new information and/or call for a hearing,” the sources indicated.

They denounce the political contract

At a press conference, relatives of victims in Barrios Altos, La Cantuda and other cases denounced the political settlement in Fujimori’s release.

Gisela Ortiz, a relative of one of the victims, noted that Fujimori’s sentence was “for the sake of achieving justice.” However, he recently published that “the Peruvian government has betrayed us again” because it would have “gifted” him “in an unjust and illegal manner, a freedom that does not belong to him”.

“So, after 31 years, we continue to talk about impunity, and we continue to talk about the non-compliance of these sentences. And yet, in this context, a political decision was made, in the government of Tina Polwart, to grant freedom to Alberto Fujimori, without this being his right,” he pointed out.

He said the relatives of the victims were in a state of insecurity during the political accord.

“Our country’s institutions, such as the Constitutional Court, whose members have often become Fujimori’s advocates, returning political support to Fujimori to those elected from Congress, “betray this duty to guarantee the legality of actions by granting this freedom. A negotiated amnesty is valid,” he said.

Gloria Cano, Aprodeh’s lawyer and representative of the victims’ relatives, noted that they have already submitted a report to the Inter-American Court detailing “the illegality between the Constitutional Court and the Executive”.

Therefore, in that document, they asked the supranational body to issue a resolution indicating that the Peruvian government had violated the court order and to issue a report to the General Assembly of the Organization of American States (OAS).

“The General Assembly of the OAS must evaluate this non-compliance of the Peruvian government, and they can issue rules or resolutions that oblige the Peruvian government to abide by the court’s rulings,” he said.

A new trial approaches

As recalled, Fujimori Fujimori’s lawyer, Elio Reira, promised that his client would remain in Peru.

“The former president, as I have already said all along, is going to stay in Peru. Finally, the clause or purpose of achieving the pardon is that the former president can return to his home with his family and his granddaughters. “I always reject the suggestion from some quarters that the former president is going to escape, I categorically reject it,” he pointed out.

Similarly, he rejected a request for 18 months of house arrest for the prosecution of the former president over the Mukhilka-Karakeno case.

The Justice Department plans to begin oral arguments against Fujimori in the case on December 18.

Accused directly guilty of crime against life, body and health – Justifiable homicide – Murder with deception, John Gilbert Calderon Rios, Cesar Olimpio Rodriguez Esquivel, Toribio Joaquin Artis Aponte, Pedro River, Pedro Nieves Ernesto Arias Velasquez, Felandro Castillo Manrique.

All of them were killed on January 29, 1992, within the framework of the state’s anti-terrorist policy, during “special intelligence operations” carried out by Colina units in Bamba San Jose and Caraquino, Badivilca district (Barranca). Fujimori, as President.

In its indictment, the Public Ministry submitted that the facts alleged in the “Karacueno” case met the requirements “to be considered crimes against humanity.”

“Next, the representative of the Public Ministry confirms what was said in his Financial Opinion No. 67-2019, Framework of Crimes Against Humanity, highlighting international documents and regarding the crimes prosecuted against the accused in the present case. “Caracueno” and “La Cantuda” for the crimes of murder and enforced disappearance. cases,” said the Fourth National High Criminal Chamber in its case for provisional dissolution.