Alberto Fujimori case: Peruvian State confirmed in hearing that the judgments of the Inter-American Court will be raided

The Inter-American Court of Human Rights (Inter-American Court of Human Rights) holds a public hearing on the request for provisional measures made by the representatives of the victims of the cases Barrios Altos and La Cantuta. This is due to the order of the Constitutional Court to release former President Alberto Fujimori.

The session takes place within the framework of the 147th Regular Session. Follow the audience live:

The Court hears the lawyers of the victims of the crimes of Barrios Altos and La Cantuta, as well as the representatives of the State before deciding whether to grant the provisional measures requested before the reactivation of the pardon to Alberto Fujimori.

During the hearing, Gloria Cano, representing the victims of Barrios Altos and la Cantuta, recalled that following the measures issued by the Court in 2018, the Supreme Court found that the pardon was not regular and annulled it.

However, he added, the Constitutional Court (TC) issued a three-to-three ruling that decided to release Fujimori from prison. This, despite the granting of a “fraudulent pardon”, he said.

Then, the victims' lawyer, Carlos Rivera, pointed out that the TC ruling places the issue in a “serious” situation because the restitution of the pardon by this highest constitutional body is exclusive of responsibility and therefore inadmissible for serious human rights violations.

“The Constitutional Court did not respect the guarantees of the process and it is of doubtful legality as indicated by the vote of the Ledesma magistrate,” he said.

Then supranational prosecutor Carlos Reaño took the floor, who explained to the Inter-American Court that the Peruvian State recognizes the division of powers and autonomous bodies such as the TC and that this is the highest body in the interpretation of the Peruvian Constitution.

However, Reaño also specified that the Peruvian State, when signing the American Convention, committed itself to comply with the decisions of the supranational instance such as the Inter-American Court.

Likewise, Deputy Prosecutor Carlos Llaja reported that the Supreme Court informed them that the pardon case has been filed, with only the payment of civil reparations by Fujimori amounting to approximately S/ 51 million pending.

At the end of the hearing, the Inter-American Court reiterates that it issued a resolution on 30/03/22 requiring the State of Peru to refrain from executing the decision of the Constitutional Court ordering the release of Fujimori, until it resolves on the provisional measures requested by the victims.

PREVIA

In the document informing the call, representatives of the victims, the Peruvian State and the Inter-American Commission on Human Rights were requested to be present. What could be agreed at this session?

According to former prosecutor César Azabache, this day it will be decided whether or not to execute the decision of the Constitutional Court, which restored the pardon to the former president and ordered his departure from Barbadillo prison. It is recalled that the Inter-American Court asked the Government not to give effect to the release until another hearing scheduled for April 6 is held.

“(Friday) is the first hearing on the request for provisional measures, we will discuss what happened in the Constitutional Court, how the TC ruling is aligned with the resolution of the Inter-American Court of May 2018, and what should be done to preserve the rights of victims,” he said in RPP Noticias.

The session was called for Friday, April 1 at 2:00 p.m. (Peruvian time). The representatives of the victims of these two cases, the Peruvian State and the Inter-American Commission on Human Rights, have been summoned.

WHEN WILL THE INTER-AMERICAN COURT ISSUE A JUDGMENT?

After the session is held, Friday evening, April 1 or Saturday, April 2, the Court's decision on the provisional measures that the State must take to guarantee the victims' right to justice would be published, as Azabache said.

In addition, “April 6 is the hearing that was already scheduled to discuss the state of compliance with the original sentences of Barrios Altos and La Cantuta.”

POSITION OF THE IACHR ON PARDON

Previously, the Inter-American Commission had already expressed its disagreement with the ruling of the TC. On March 18, in a statement on his Twitter account, he said that this hindered compliance with the obligations of his own ruling.

“IACHR expresses deep concern over the decision of the Constitutional Court ordering the release of Alberto Fujimori. It affects the victims' right to justice and hinders compliance with international obligations of the Inter-American Court in the Cantuta and Barrios Altos cases,” he said in a tweet.

BARRIOS ALTOS AND LA CANTUTA CASES

Fujimori was sentenced to 25 years in prison for crimes committed in Barrios Altos and La Cantuta, as the mediated perpetrator of the crimes of qualified homicide and serious injury.

The Barrios Altos massacre occurred on November 3, 1991, when six hooded and armed individuals from the Colina group broke into a house on 840 street in Jirón Huanta, where a pollada was taking place. They assumed that the people in the house had ties to terrorists, so they were ordered to drop on the floor and then shot them indiscriminately. Fifteen people died, including an 8-year-old boy named Javier Ríos Rojas, and 4 others were seriously injured.

The La Cantuta case occurred a few months later, on July 18, 1992, at the Enrique Guzmán La Valle National University of Education (La Cantuta). Nine students and one teacher were taken from their residences and then disappeared. The remains of two of them were found in clandestine graves a year later. Direct authorship was also attributed to Grupo Colina.

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