The Second Criminal Appeals Chamber confirmed that the leader of Fuerza Popular, Keiko Fujimori Higuchi, did not violate the rules of conduct of the restricted appearance imposed on her on April 30, 2020, so it is not appropriate to issue a new order of preventive detention against her, while the trial of the cocktail case lasts.
Judges Ivan Quispe Auca, Edgar Medina Salas and Maria Guillen Ledesma They emphasized that the rule of conduct that is in force as of May 31, 2023, by resolution of Víctor Zúñiga Urday, for Mrs. Fujimori and the other defendants, is “the obligation not to leave the city of their domicile stated in the file, nor change it without prior written authorization.”
“Now, if we understand domicile as the habitual residence of a person in a certain place, according to the provisions of article 33 of the Civil Code, The person’s trip, whether within or outside the country, without the intention of staying there, cannot be considered a change of address.“the judges indicate in their resolution.
Therefore, they consider that in the present case they do not see any breach of this rule of conduct by the defendant Fujimori Higuchi.
Decision of the Court of Appeals
The prosecutors of the Special Team of the Lava Jato case, José Domingo Pérez and Rafael Vela Barba requested that Keiko Fujimori be placed in preventive detention on the grounds that by travelling to California, United States, last May, he violated the rules of conduct that had been imposed on him.
They also said that the possibility of Fujimori being free to travel, whether within the country or abroad, could affect the development of the trial in the Cocktails case, without specifying how long this measure should last, taking into account that there is speculation that this process, which began on July 1, could last more than three years.
Pre-trial detention must be rationalized
Preventive detention must respect the rights of the accused
On the other hand, The Supreme Court calls the attention of the Special Team of Prosecutors in the Lava Jato case for requesting the imposition of a new preventive detention for Fujimori Higuchi while the public trial of the cocktail case lasts, which would mean deprivation of liberty without time limits, which goes against what is stated in the Criminal Procedure Code.
The judges remember that Keiko Fujimori He has already served two preventive detentions totaling more than a year of deprivation of libertywhich the representative of the Public Ministry should have considered “in order not to cause excesses regarding the duration of such a drastic measure of personal coercion.”
Besides, The judges note that it is evident that Keiko Fujimori is attending the public trial hearings and that it is not enough to speculate that he might not do so in the future to restrict his freedom. The prosecution, they say, has not presented any evidence or proof to support a new preventive detention.
Pretrial detention must have a duration limit
“While it is laudable to seek to ensure the execution of a possible sentence, thus ensuring the efficiency of the criminal process, this in no way means the imposition of preventive detention without a time limit,” the judges said. This would mean ignoring the laws in force and the fundamental rights of those accused..
“It is therefore essential that the representatives of the Public Prosecutor’s Office (the provincial prosecutor José Domingo Pérez and the senior prosecutor Rafael Vela Barba) know how to rationalize the procedural tools conferred upon them by the legal system, in compliance with the principle of proportionality in state action.“, concludes the court ruling.
