Pardon of Alberto Fujimori: Inter-American Court must rule before Friday, says César Nakazaki

Former President Alberto Fujimori's lawyer, Cesar Nakazaki, said that the Inter-American Court of Human Rights (Inter-American Court of Human Rights) should rule as soon as possible, since the provisional measure suspending the departure of the former president of the prison loses effect this Friday, April 8.

The lawyer said that a hearing was expected on Wednesday, where he would evaluate the provisional measures taken on the Constitutional Court's ruling on humanitarian pardon. These measures were given last week, in an open hearing, but it would have been traced that they would have been effective for a week.

“The Inter-American Court has already decided to withdraw today's hearing yesterday. Until today we only have the provisional measure ex officio of the Inter-American Court which said that, while deciding whether to accept it or not the parties' request for provisional measure, but even that has not resolved. Then by Friday the period would end. The DH Court should immediately rule whether to maintain the provisional measure of suspension of execution of the TC judgment or whether it will be rendered ineffective,” he explained in RPP Noticias.

In this way, Nakazaki indicated that he “remains hopeful” that the international organization will not ratify this measure, since the former president's health is deteriorating, and the Costa Rican judge present at the hearing also found that.

“The Costa Rican judge said 'there is no discussion here why PPK's pardon was given and the context'. She asked a key question. 'The man is now 83 years old, has diseases and has two precautionary measures. Is there or is there no danger of escape? ' And the silence was absolute. The Inter-American Court is evaluating the substantive issue,” he said.

WHAT DOES THE RESOLUTION THAT PREVENTS THE RELEASE OF ALBERTO FUJIMORI SAY?

As the former president's lawyer explained, he was due to be released from prison on March 30, but the Inter-American Court of Human Rights (Inter-American Court of Human Rights) showed himself in against this measure. He noted that he could not be released until the international body could decide on the request for interim measures “to guarantee the right of access to justice for victims of the Barrios Altos and La Cantuta cases”, according to the published resolution.

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

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, but fundamentally protective, in that they protect human rights and prevent irreparable harm to individuals. They apply as long as the basic requirements of extreme gravity and urgency and the prevention of irreparable harm to persons are met.

KEEP READING