Alberto Fujimori: What is habeas corpus and what is it for?

The Constitutional Court announced the decision of its members in full session on the habeas corpus process in favor of Alberto Fujimori against the Judiciary and other instances. This ended with a sentence declared well-founded, restoring the effects of Supreme Resolution 281-2017-JUS of December 24, 2017, which granted humanitarian pardon to the leader fujimorist and the willingness of his full freedom. It should be recalled that the first decision to release him was presented by former President Pedro Pablo Kuczynski, but annulled in October 2018.

The term habeas corpus that accompanied the judgment in favor of Fujimori has a broad definition that can be interpreted according to the case and situation of the person requesting it.

WHAT IS HABEAS CORPUS?

This term has its origin from Latin, which translated into Spanish is defined as “having your body”. It can also be called as “present body” or “present person”. Based on article 200 of the Political Constitution of Peru, it is established that this action is a constitutional guarantee, which proceeds in the event of an act or omission on the part of an authority, official or person - natural or legal - that violates or threatens individual freedom or related constitutional rights.

To understand it better, and using simple terms, habeas corpus is a type of constitutional guarantee whose main objective and motivation is the protection of the freedom and life of any person. Based on this explanation, we can give as an example that its application is given to avoid arrests or some type of detention considered arbitrary.

According to the Constitution that governs the justice of our country, there are 8 types of habeas corpus in the jurisprudence of the Constitutional Tribunes, which are expressed as follows:

— Reparative habeas corpus.

— Restricted habeas corpus.

— Corrective habeas corpus.

— Preventive habeas corpus.

-Translative habeas corpus.

— Instructive habeas corpus.

— Innovative habeas corpus.

— Habeas Corpus related.

In what cases can it occur? The priority is determined to fall on a situation in which the full liberty of a person is unjustifiably affected, and that no arrest warrant has been issued or there is no flagrancy in respect of the commission of a crime.

WHO CAN SUBMIT A HABEAS CORPUS?

As it is a remedy authorized without any type of restriction, any person who is in the national territory may submit it to the appropriate authority. In this sense, the official presentation may be made by the lawyer of the person concerned, a family member, friend or citizen without a certain link, provided that he considers that the right to liberty or life is being unjustifiably affected or violated.

The person who is in charge of filing this appeal must request the Judicial Branch to release the individual on whom this request falls. On your presentation, it can be done at any time of the day, during the 24 hours that are marked. There are several formats that can be used to issue habeas corpus resources, which can be oral, written and also accepted via email.

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OFFICIAL REPORT ON ALBERTO FUJIMORI'S PARDON

In a statement, the Constitutional Court reported that the plenary session voted on File 02010-2020-PHC/TC, a habeas corpus process promoted in favor of Alberto Fujimori against the president of the judiciary and others. He specified that the vote was as follows: in favor of the appeal, judges Ernesto Blume, José Luis Sardón and Augusto Ferrero. While judges Marianella Ledesma, Eloy Espinoza-Saldaña and Manuel Miranda opposed it.

Augusto Ferrero, in his capacity as president of the TC, exercised the deciding vote.