Alberto Fujimori: they present a corrective habeas corpus to release the former president

Attorney Gregorio Parco filed a corrective habeas corpus requesting the immediate release of former President Alberto Fujimori, who is currently serving a 25-year sentence in Barbadillo prison for the Barrios Altos and La Cantuta massacres.

Counsel requests the immediate release of the former president so that he can be treated at the home of one of his relatives and “surgically operated on with the utmost urgency”.

The document details that Fujimori has been diagnosed with atrial fibrillation, “at risk of cardiac arrest and, therefore, death”. He also mentions that he suffers from cancer of the tongue, tachycardia, hypertension, hemorrhagic gastritis and a lumbar hernia.

Corrective habeas corpus is a legal procedure that proceeds in the event of acts or omissions of violation of the fundamental rights of a person. Thus, the complaint argues that article 33, paragraph 20, of the New Code of Constitutional Procedure would have been violated. This establishes that a habeas corpus must be declared well-founded in the face of acts that threaten or violate “the right of the detainee or prisoner not to be subjected to treatment that is unreasonably and proportionate, with regard to the manner and conditions in which he fulfills the arrest warrant or sentence”.

It is recalled that Parco was also the one who submitted habeas corpus, which was later declared appropriate by the Constitutional Court, and that then the Inter-American Court of Human Rights requested not to comply.

DEFENDANTS

On the other hand, the lawsuit is directed against the director of the National Penitentiary Institute (INPE), Omar Méndez; the president of the judiciary, Elvia Barrios; the president of the Republic, Pedro Castillo; and the head of the Congress of the Republic, María del Carmen Alva.

Gregorio Parco explained that he decided to include the head of state and the president of the parliament in the process, because they supported the decision of the Inter-American Court on the request for measures precautionary measures requested by the victims of the Barrios Altos and La Cantuta massacres.

“They are supporting (the decision of) the Costa Rican Court not wanting to apply the won judgment (ruling of the Constitutional Court). The gentleman (Alberto Fujimori) must be released. This is a demand for corrective habeas corpus, (because) every prisoner, when sick, must be in the clinic or at home. It's a very simple demand,” he told La República.

FUJIMORI IS TRANSFERRED TO THE CLINIC

In the early morning of Sunday, former President Alberto Fujimori was rushed to Hospital II Vitarte due to atrial fibrillation and “oxygen issues”, according to his lawyer, Elio Riera. Lugo will be transferred to the Centenario clinic to be examined by specialist doctors.

The lawyer pointed out that “it is a severe condition” related to the atrial fibrillation that he suffers from. He also recalled that Fujimori has a history of heart attack and other diseases.

“Obviously it had to be a very high decompensation so that at dawn he could be transferred to a hospital in the State. At the clinic we hope to have a more specialized comment from the doctors in your case,” he added.

In addition, he denied that the relapse of his state of health has any connection with the decision of the Inter-American Court of Human Rights (Inter-American Court of Human Rights).

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