Between “predictable” and “surprising”: the reactions to the ruling of the Inter-American Court that keeps Alberto Fujimori in prison

The Inter-American Court of Human Rights demonstrated this afternoon ordering that the Peruvian State refrain from releasing the former president Alberto Fujimori Fujimori, in compliance with its treaty obligations.

“The State of Peru must refrain from implementing the judgment handed down by the Constitutional Court of Peru on March 17, 2022, which restores the effects of the pardon 'for humanitarian reasons' granted to Alberto Fujimori Fujimori on December 24, 2017,” the resolution states.

César Landa, Minister of Foreign Affairs, said that the Peruvian government must abide by the resolution issued by the Court and not restore pardon to former President Alberto Fujimori. “By resolution of the Inter-American Court, Peru must refrain from implementing the TC ruling of March 17, 2022, which ordered to 'restore' the effects of the pardon of December 24, 2017 granted to Alberto Fujimori,” he said.

These are some of the reactions that the Court's decision had.

Elio Riera, Fujimori's lawyer

- I receive the news with great surprise and concern, because not all the allegations, the documents presented by both lawyers Cesar Nakazaki and Carlos Masías, were taken into account. Also due to the fact that medical information has not been analyzed in greater depth. And a little dismayed about the way it was resolved.

According to what I have learned, we have to refrain from complying with a ruling of the TC, which is leaving aside the autonomy of the highest interpreter of the constitution, which is the most worrying thing.

The Peruvian State is subscribed to the Inter-American Court and as a defence we only have to comply with this sentence. But I can't deny that I was surprised.

Eloy Espinosa Saldaña, member of the Constitutional Court

- I am not surprised by the ruling of the Constitutional Court, it is one of the possibilities that the jurisprudence that the Court has always played had. They have said that the TC ruling is not in line with what arises in the execution of two sentences (Barrios Altos and La Cantuta). In the operative part, it states that the Peruvian State is obliged to make the evaluations until May 13 and examine Fujimori to see if he has a terminal illness or not. This is essential because, if you are terminally ill, the idea of any human rights system is that no one dies in prison. But if he is a person who has the ailments of 83, then the argument of terminally ill does not work and Fujimori would have to continue with his detention.

I think we have to get used to understanding that there is a supranational justice that in some cases can correct some mistakes that may have been committed in some organ of the Peruvian State.

Ronald Gamarra, lawyer specializing in human rights

- It is a predictable pronouncement that is in line with the jurisprudence of the Inter-American Court. Basically, the problem here is to determine a proportional solution between a person's right not to die in prison (Alberto Fujimori) and the principle that there are crimes that are unforgivable, such as Barrios Altos and La Cantuta. The Court set standards for the Peruvian state to resolve the issue, unfortunately the TC ruling did not meet those standards. Therefore, as a result we have the pronouncement that we have seen. What is appropriate is for the TC itself to annul its sentence and repronounce itself, this time in response to the international standards established by the Inter-American Court itself, whatever its decision may be.

Could the State not abide by the ruling? It's impossible to think about that possibility. We have signed international agreements. We are a State, we are not dead dogs or swindlers, and we must honor our commitment.

Carlos Rivera lawyer for IDL

- The Court has notified and ratified what we presumed since the trial was going to happen. The Court is making a strictly legal assessment, analyzing the content of the TC ruling and considers that this resolution is not compliant and does not meet the standards that the Inter-American Court already established in May 2018. It therefore notes that the Peruvian State has failed to comply and to that extent is imposing concrete actions. The first thing is that Mr. Fujimori is not released. Secondly, it provides that the State must develop a uniform process of supervision over compliance with those measures that were adopted in May 2018. The Court in the immediate future is likely to convene a compliance oversight hearing.

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