This says the resolution of the Inter-American Court that prevents the release of former President Alberto Fujimori

The former president of Peru, Alberto Fujimori, was due to be released from prison yesterday, as commented by his lawyer Cesar Nakazaki, but the Court Inter-American Court of Human Rights (Inter-American Court H.R.) was against this measure, until the international organization could decide on the request for provisional measures “to guarantee the right of access to justice for the victims of the Barrios Altos and La Cantuta cases”, as mentioned in the published resolution yesterday.

To this end, the Inter-American Court convened a public hearing to see the precautionary measures on the pardon of the former dictator Fujimori, to whom the presidential grace was restored following the controversial ruling of the Constitutional Court and whose resolution was made public last Monday, March 28.

The Court's resolution indicates that a session will be held on Friday, April 1 from 2:00 p.m. (Peruvian time), to which the representatives of the victims, the Peruvian State and the Inter-American Commission on Human Rights have been summoned.

This is what the official resolution of the Inter-American Court says:

CONSIDERING THAT:

1. In the Judgments handed down by the Court in the Barrios Altos and La Cantuta cases, it ordered the State to comply with its obligation to investigate serious violations, and to prosecute and punish those responsible.

2. The request for interim measures was submitted by the victims' representatives in both cases, who are currently in the stage of supervising the enforcement of sentences. This request was submitted to “guarantee access to justice for victims”.

3. Article 63.2 of the American Convention on Human Rights provides, as relevant, that “in cases of extreme gravity and urgency, and when it becomes necessary to avoid irreparable harm to persons, the Court, in matters before it, may take whatever provisional measures it deems appropriate”. In addition, article 27.3 of the Rules of the Tribunal provides that “in contentious cases before the Court, victims or alleged victims, or their representatives, may submit directly to the Court a request for interim measures, which must be related to the subject matter of the case”.

4. In International Human Rights Law, interim measures are not only precautionary in nature, in the sense that they preserve a legal situation, but are fundamentally protective, in that they protect human rights, while seeking to avoid irreparable harm to persons. They apply as long as the basic requirements of extreme gravity and urgency and the prevention of irreparable harm to persons are met.

Let us recall that in 2009 Alberto Fujimori was sentenced to 25 years' imprisonment for his participation as a mediated perpetrator of the crimes of qualified homicide and serious injury, to the detriment of the victims of the Barrios Altos and La Cantuta cases, and these crimes were classified as “crimes against humanity according to law Criminal International”. This was positively assessed by the Inter-American Court in its 2009 and 2012 Resolutions on Monitoring Compliance with Judgments. Years later, on December 24, 2017, the then President of the Republic of Peru issued a resolution granting a “pardon” “for humanitarian reasons” in favor of Alberto Fujimori Fujimori Fujimori.

The Court also considered that “serious questions concerning compliance with the legal requirements stipulated in Peruvian domestic law” should be analysed. In addition, if necessary, this Court may make a subsequent ruling on whether or not what has been done internally is in accordance with what is ordered in the Judgment or constitutes an obstacle to compliance with the obligation to investigate, prosecute and, if necessary, to punish in the two cases referred to above for not conforming to the standards indicated and to improperly prevent the execution of the sanction fixed by a criminal sentence”.

WHAT THE INTER-AMERICAN COURT ASKS

In the end, the Inter-American Court mentioned that the State of Peru, in order to guarantee the right of access to justice for the victims of the Barrios Altos and La Cantuta cases, refrains from executing the order of the Constitutional Court of Peru to grant the freedom of Alberto Fujimori Fujimori Fujimori, until this international court can decide on the request for interim measures at the 147th Regular Session of Sessions.

“Representatives of the victims, the State of Peru and the Inter-American Commission on Human Rights must be convened to a public hearing on the request for provisional measures made by the representatives, to be held virtually on April 1, 2022 from 1:00 p.m. to 2:30 p.m., Costa Rica time, during 147 Regular Session of Sessions of this Court”, the document reads.

Finally, it details “To have the Secretariat of the Court notify this Resolution to the State, the representatives of the victims and the Inter-American Commission on Human Rights,” he concluded.

Read the full resolution here.

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