“The Inter-American Court was very clear: we must review whether the disease exists, it must be reviewed on the road to amparo. If there is no disease, there must be no pardon; if there is illness, there must be pardon. In the case of Alberto Fujimori, it would be seen that the atrial fibrillation that led to the pardon today has worsened,” he told RPP Noticias.
The lawyer reported that the Inter-American Court would find “several other diseases” that afflict the former president, so he does not believe that there is a scenario of nullity or sanction for Peru, which had been maintained by Carlos Rivera, lawyer from the Institute of Legal Defense (IDL).
Nakazaki denied that Alberto Fujimori had been convicted of crimes against humanity and in the case of humanitarian pardon “it is appropriate for all cases, even for war crimes”.
“Humanitarian pardon is not a pardon. Humanitarian pardon is a mechanism to end a sentence that becomes unconstitutional because it no longer only takes away freedom. There is a prohibition of torture, cruel, inhuman punishment, etc. The sentence of deprivation of liberty only takes away freedom, since when the penalty takes life or health, it already loses its raison d'être, and for that reason the humanitarian pardon is created,” he said.
The lawyer added that “if it were an ordinary pardon, kidnapping would prohibit it (Samuel Dyer case); moreover, it is a law that was given in the Fujimori government. If it were an ordinary pardon, that is, if it were 'pardon of the king, there are crimes that prohibit it, but humanitarian pardon is: if there is disease, pardon is an obligation'.
BLUME AND KEIKO FUJIMORI MEETING
The lawyer considered that if Ernesto Blume, president of the Constitutional Court, met with the daughter of the former president, Keiko Fujimori, this is not an irregular event or makes him unable to see the case.
“Talking to a person is not a cause for disqualification in any type of process. What you need to know with the terms of the conversation, not that they talk: talking to people, nowhere in the world, has been cause for inhibition or disqualification. If she went further (and said) that there has been a political compromise (...) but she hasn't said it,” he said.
Finally, Nakazaki argued that if habeas corpus is declared well founded, the Constitutional Court would have the option of executing it, although the custom is almost always to refer it to a judge. If this occurs, the decision would be sent to a supreme magistrate of criminal execution who annulled the pardon to execute the decision of the Constitutional Court (TC).
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