Alberto Fujimori: Ombudsman's Office rules against TC's rescission of Judiciary ruling

The Office of the Ombudsman ruled against the Constitutional Court deciding, on 17 March, to rescind the Supreme Court's decision that annulled Alberto Fujimori's pardon on 24 December 2017. This opens up the possibility that the former president will be pardoned that same day.

This decision of the Supreme Court refers to the review of a habeas corpus filed by lawyer Gregorio Parco, with the same purpose of repealing the decision of the judiciary.

Through its Twitter account, the Ombudsman's Office made its position clear. The entity also mentioned the report “Pardon and right of grace granted to former President Alberto Fujimori: normative and jurisprudential evaluation” authored by it.

“Our institutional position on the pardon of former President Alberto Fujimori is in the Ombudsman's Report No. 177. Among its conclusions, it points out that the Supreme Resolution that granted it did not sufficiently express the medical reasons that supported it,” they said in a tweet.

“R.S. also did not need criminal proceedings in which the right of grace operated. In addition, we believe that victims should have been granted the opportunity to express their views on the granting of presidential grace, a fact that did not happen,” they added.

The pardon given to Alberto Fujimori was given on Christmas 2017, and was given by then-President Pedro Pablo Kuczynski granted the pardon to Fujimori Fujimori for reasons humanitarian.

The Constitutional Court will discuss the lawyer's habeas corpus on March 17, 2022. Thus, they would be discussing leaving in effect the resolution of the Judiciary, where they argued that the presidential benefit “did not meet essential legal requirements.” This is how in October 2018, Fujimori returned to prison in the Diroes.

This means that the court decision filed by Gregorio Parco opens up the possibility that the sentence will be annulled and Alberto Fujimori may return home that same day.

On this occasion, Ernesto Blume will be the rapporteur. If approved, the Judiciary's ruling that annulled the pardon would be void and would release Alberto Fujimori, who is sentenced to 25 years in prison for the crimes of La Cantuta and Barrios Altos.

On the other hand, it is common knowledge that the positions of the TC judges would be divided. On the one hand, they would be against Fujimori's release: Marianella Ledesma, Eloy Espinosa-Saldaña and Manuel Miranda; while Blume, José Luis Sardón are in favor. Augusto Ferrero Costa, the current president of the Constitutional Court, could have a deciding vote, and according to what is known, he could vote in favor of the former president.

FUJIMORI HEALTH

On March 3, EsSalud reported that Fujimori had been rushed to Hospital II Vitarte from Barbadillo prison. After he was stabilized by the shock trauma doctors, he was transferred to the Centenario clinic, where he has been carrying out his treatment, at the request of the patient and the doctor of Inpe.

Days later, on March 14, Alberto Fujimori was discharged from the Centenario Clinic and will continue his treatment of pulmonary fibrosis and atrial fibrillation at Barbadillo prison, according to his daughter and leader of Fuerza Popular, Keiko Fujimori.

“He will remain under strict medical observation of his two main ailments: fibrosis and atrial fibrillation. I am grateful, on behalf of my brothers, for their concern and we ask for their prayers for their speedy recovery,” said Keiko Fujimori through her social networks.

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