Last Monday, the Constitutional Court (TC) published the resolution in favor of Alberto Fujimori's humanitarian pardon and ordered his release from prison. This decision had been agreed on 17 March, when the judges met to present and vote on the case.
Elio Riera, Alberto Fujimori's lawyer, said on Tuesday that efforts have been made to expedite compliance with the TC's sentence, since after the official publication of the ruling, the former president's release should already be given in the coming hours.
The procedure involves notifying the room where the habeas corpus file was received (in the Superior Court of Ica) for it to be executed and then notifying the National Penitentiary Institute (INPE).
Some rumors assumed that Fujimori could be released from prison in Ate (Diroes venue) during the match, but the truth is that there were no news.
This Wednesday there was no greater movement either. Keiko and Sachi Fujimori arrived this afternoon at the Diroes to see their father. They did so during visiting hours between 2 p.m. and 3 p.m.
“It's visiting day and as always the brothers take turns. This time it was Sachi's turn. We understand that the resolution of the TC is in the courtroom and must then be passed to the court and then to the INPE. We hope that with all these procedures they will allow my father to be able to leave tomorrow,” Keiko said.
He said that his sister Sachi talked to him, and while it is true that he is happy with the resolution, he is also a little anxious. He pointed out that they have been coordinating the visit to pass the medical examinations, and also so that their transfer can be carried out in an ambulance “to have all the precautionary mechanisms for the issue of their health.”
Keiko could not say clearly when exactly her father will be released from prison, but they hope that in the next few hours she will be released.
Supporters of the former president stationed outside the Barbadillo prison also arrived at the scene demanding his freedom. Some managed to knock on the gates of the compound, others climbed the surrounding hills, and some even blocked traffic.
Police personnel deterred the demonstrators, telling them that they can express themselves without affecting the vehicle pass. After that, traffic was restored.
COULD THE RELEASE BE DELAYED?
Some versions point out that there would be an obstacle to the release of the former president. Attorney Rosa María Palacios said that Gregorio Parco, a lawyer who filed habeas corpus in favor of Fujimori, first went to court in Ica, after being denied he appealed to the High Court of Ica, where he was also dismissed.
In addition to reversing the Ica ruling, what the judges of the TC intend is to reverse, they also seek to declare the Supreme Court ruling null and void the pardon granted by then-President Pedro Pablo Kuczynski in 2017.
The problem, according to Palacios, is that the ruling of the TC will go to an enforcement judge of the Supreme Court, who will have to submit the request for release to the court that declared the pardon null and void in 2018.
“This room is going to say: 'No one has asked me, I did not participate in this process. The TC can be downloaded (the resolution) that comes on appeal, but mine can't because I haven't participated in the process, I haven't been notified. Then, I void your decision because I have not been notified and, moreover, you declare me incompetent. Therefore, gentlemen of the TC, I do not release Alberto Fujimori'”, the lawyer told the newspaper La República.
Let us remember that Augusto Ferrero Costa had the deciding vote as president of the TC in favor of Fujimori. José Luis Sardón de Taboada and Jorge Blume Fortini also voted to declare the habeas corpus lawsuit founded. While Manuel Miranda Canales, Marianella Ledesma Narváez and Eloy Espinosa-Saldaña voted against it.
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