Chancellor César Landa said that the Constitutional Court's ruling in favor of Alberto Fujimori “is invalid”

Chancellor César Landa, through his Twitter account, ruled against the decision of the Constitutional Court TC, which allows the release of the former president Alberto Fujimori when he ratified the humanitarian pardon granted to him in December 2017 by former president Pedro Pablo Kuczynski.

In this sense, Landa stated that the TC's ruling on “the Fujimori case is not valid, as it goes against the decisions of the Inter-American Court of Human Rights in the Barrios Altos and La Cantuta case.”

It also added that it would be appropriate to be reversed by the Inter-American Court of Human Rights, which already ruled on this issue in 2018. On that occasion, the international organization recalled the international obligation of the Peruvian State to punish those responsible for such cases and that the victims find justice.

The ruling by the Court could take place in three months, according to Carlos Rivera, the lawyer for the victims of the Barrios Altos and La Cantuta cases, who announced that they would attend, once again, to the IDH to seek justice and that the person convicted of crimes of qualified homicide, enforced disappearance, aggravated kidnapping, corruption, among others, return to prison.

“In the previous judgment the Court was delayed five months (...) In the case of a matter on which the Court has already decided, the deadlines will be shorter,” he said. “The Court, without being aware of this issue, had already convened a compliance supervision hearing in the Barrios Altos case, but only to verify some issues pending reparations,” he added.

According to Rivera, there is another way to invalidate the TC ruling and it would be in the hands of the Executive. In this regard, the lawyer explained that President Pedro Castillo can annul the decision that was made almost five years ago and that he gave Alberto Fujimori a pardon.

“It could be done by the rank of laws. Just as Congress can repeal a law that it itself has issued, if the supreme resolution is issued by the President of the Republic, in an admirable way, it can also (annul) it, not necessarily the same president who issued it,” explained Carlo Rivera on Canal N

However, he indicated that such a decision could be questioned or qualified as “political interference”, since it would occur precisely after the TC ruled in favor of reinstating Fujimori's pardon.

For his part, the head of state stated that international justice should “precaution the effective exercise of justice for the people”, referring to what happened in the TC regarding the Fujimori case.

“The institutional crisis I referred to in my message to Congress is reflected in the last TC decision. The organs of international justice to which Peru is attached and the rule of law must precaution the effective exercise of justice for the people,” he said in a Twitter message.

EXECUTIVE WILL TAKE CORRESPONDING ACTIONS

The deputy minister of justice and president of the Presidential Graces Commission, Juan Carrasco, said that the Executive is awaiting notification of the Constitutional Court's ruling.

“From the Executive, we are coordinating actions together with a group of lawyers, where Dr. Félix Chero is, in order to wait for official and formal notification by the Constitutional Court, and then take the appropriate actions,” Carrasco said.

The deputy minister indicated that one of the main actions to be taken is to go to appropriate international bodies, such as the Inter-American Court of Human Rights, to reverse the ruling of the Constitutional Court.

“There are constitutional mechanisms that Peru will go to when we are notified and we will see what the TC's allegations are to issue this ruling which, for Peruvians who believe in justice, is totally outrageous,” he stressed.

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