What is humanitarian pardon in the release of Alberto Fujimori

In recent hours, Peruvians have received official news of the ruling of the Constitutional Court, which has granted humanitarian pardon to former President Alberto Fujimori, after he began a process of habeas corpus for his freedom.

This measure by the TC has caused the population to revive their interest in this case, which has caused a series of reactions, especially from the victims who left the Fujimorist government. In the following lines you will find some definitions that will help you understand the pardon that has marked the political and social landscape.

WHAT IS PARDON?

In accordance with paragraphs 8 and 21 of article 118 of the Political Constitution of Peru, they empower the President of the Republic to issue resolutions, grant pardons, commute sentences and exercise the right of grace. This is the power of the highest president to adopt the renunciation of the exercise of punitive power of the State over convicted persons, which may be granted on humanitarian grounds.

“The pardon implies the pardon of the sentence for a specific case and if granted implies the automatic release of the prisoner. Be careful, it is not that with it it is no longer considered that the prisoner has committed a crime or that he is perpetrated for the performance of it, but that he is simply excused from the execution of the sanction. This distinguishes it from that of amnesty, since in the first one only the serving of the sentence is forgiven, while with the second one forgives the performance of the crime itself”, mention is made of an explanatory article published by LPDerecho.

There is a common pardon and humanitarian pardon. For the second case, there are 3 options, which were explained in the La Ley platform:

1. When the prisoner suffers from terminal illnesses.

2. When the prisoner suffers from serious non-terminal diseases, “which are in an advanced, progressive, degenerative and incurable stage; and also that prison conditions may place their life, health and integrity at serious risk”.

3. When the prisoner is affected by “chronic, irreversible and degenerative mental disorders; and in addition, that prison conditions may place his life, health and integrity at serious risk”.

ON PRESIDENTIAL GRACES

In an official statement, INPE explains that the Executive Branch made official on April 23, 2020, Supreme Decree No. 004-2020-JUS, which establishes special assumptions for the evaluation and recommendation of Presidential Graces, to the vulnerable prison population.

The specific commission deals with cases of persons deprived of their liberty who suffer from a chronic disease in an advanced stage, which increases the risk of COVID-19 infection and the development of complications, and those who suffer from other chronic diseases.

Also included are sentenced inmates who are mothers and remain with their child in the penitentiary institution; who is in a state of gestation; that their actual or redeemed sentence is served within the next six months; that they have been given an effective sentence of not more than four years and who are longer than 60 years of age.

It is stated that “the recommendation of presidential grace to persons convicted of crimes against life, body and health, against the family, Freedom. Likewise, for crimes against the Powers of the State and the Constitutional Order, against Public Administration, Heritage, Public Security, Public Tranquility, Terrorism, Financing of Terrorism, Crimes against Humanity, Money Laundering and crimes committed by violence against women and members of the group family”.