Alberto Fujimori: prosecutor would request an impediment to leave the country against former president this Monday

The Public Ministry is planning to request an order to prevent the departure of the country for former President Alberto Fujimori Fujimori, this Monday, March 21. This would be done in the Pativilca case, where he would be charged to 25 years in prison for the kidnapping and murder of six people in Barranca in 1992.

This information was released by the newspaper La República, which indicated that its sources said that the senior prosecutor Pedro Orihuela would make this request before the National Criminal Court of the Judiciary. This was aimed at preventing a possible escape of the former president when he left Barbadillo prison, after the Constitutional Court reinstated his pardon.

Fujimori would be released from prison once the ruling of the constitutional body is published and his release is processed, which is estimated to be days before or after 28 March. In this way, the Prosecutor's Office seeks to anticipate this and ensure the presence of the accused at the trial in the Pativilca case.

ACTIONS BEFORE THE PARDON IN 2017

After the pardon was granted, on December 24, 2017 by Pedro Pablo Kuczynski, Collegiate B of the National Criminal Chamber chose to leave without the “right of grace”, so that the trial for the Pativilca massacre will continue normally.

The Chamber, composed of judges Miluska Cano, Otto Verapinto and Omar Pimentel, decided to accept the request submitted by APRODEH (Association for Human Rights) as representatives of the families of the victims in the case. This meant that the pardon had no legal effect or impact on the pardon, so that Fujimori remained a defendant.

“We consider that in the present case, the presidential grace granted by Supreme Resolution No. 281-20017- JUS dated December 24, 2017, is incompatible with the duties to investigate, prosecute and punish serious human rights violations, and it is also a measure that, as we have analyzed, clearly collides with rights which are protected by our Constitution, and which are additionally protected by human rights treaties, which have constitutional status in our domestic order, and which, lacking due motivation, in relation to all the normative and jurisprudential standards referred to, has no effect, in the present criminal case”, held the Court's decision at the time.

THE CASE: PATIVILCA MASSACRE

The Pativilca case dates from January 29, 1992, when members of the Grupo Colina paramilitary detachment, under the command of Santiago Martín Rivas, went to Pativilca to carry out orders from Nicolás Hermoza Ríos, then head of the Joint Command of the Armed Forces.

According to the court file, a Chinese businessman had disputes over land in the Caraqueño and San José annexes. He accused his contenders of being members of the Shining Path and asked a family member close to Hermoza Ríos to “give him a hand.”

Thus, Grupo Colina arrived in Pativilca around 2:00 a.m. and kidnapped John Calderón Ríos, Toribio Ortiz Aponte, Felandro Castillo Manrique, Pedro Aguero Rivera, Ernesto Arias Velásquez and Cesar Rodríguez Esquivel. They were tortured, shot to death in the head and thrown into a cane field.

Jorge Ortiz Mantas, who was a member of Grupo Colina, revealed his participation in the Pativilca massacre and indicated Alberto Fujimori's responsibility . The coach of Second EP pointed out that on February 8, 2008, the illegal detachment depended, in addition to Martín Rivas and Nicolás Hermoza, on Alberto Fujimori and former presidential adviser Vladimiro Montesinos.