Congress declared appropriate request of the former dictator Alberto Fujimori to receive a life pension for his period as head of state (1990-2000). The economic benefit will be S/15,600 and was granted in response to a request from the former president’s legal defense last April.
“Law No. 26519 establishes a pension for former presidents, for which purpose it establishes two rules in its articles 1 and 2; the first being that of holding the status of constitutional former president of the Republic; while the second is not to be constitutionally accused, ‘unless the court ruling declares them innocent,'” the document reads.
The document then states: “The suspension of the pension is instrumental, since it is conditioned after the constitutional accusation to the declaration of innocence. The requirement of this declaration of innocence could violate the right to the presumption of innocence, recognized by literal e) of numeral 24 of article 2 of the Constitution. […] Consequently and after the aforementioned verification, the request […] would be appropriate.”
Congressional resolution granting economic benefit to Fujimori. Photo: dissemination
Following this explanation, the resolution of the Legal and Constitutional Office of Congress determined that the request “would be admissible.”
In this way, the request made on April 24 by the legal defense of the former president was made effective. This request was made just four months after his release by order of the Constitutional Court, which restored the pardon granted by former dignitary Pedro Pablo Kuczynski in 2017.
Alberto Fujimori cannot receive a life pension due to constitutional accusation
However, Article 2 of Law 26519 establishes that this remedy cannot be granted to a former president who has been constitutionally accused and, in that context, is found guilty of committing a crime.
In the specific case of Alberto FujimoriOn November 30, 2000, Congress filed a constitutional complaint against him for a series of crimes for which he was subsequently found guilty. At that time, the impeachment process continued its course and, on February 23, 2001, Fujimori was disqualified from exercising public office for up to 10 years. Thus, the constitutional accusation against him was approved.
Following this, on March 7, 2009, the Judiciary sentenced former President Alberto Fujimori to 25 years in prison for masterminding the crimes of 15 people, including an 8-year-old boy, in Barrios Altos and of the eight students and a teacher in La Cantuta.
Thus, the two requirements for which Congress should not have granted the life pension to the former dictator are met.
Antecedent
Furthermore, a precedent supports this claim. In May of this year, Congress rejected the request for a lifetime pension requested by the defense of the Former President Pedro Castillo arguing that such benefit is suspended if Parliament has made a constitutional accusation.
Congress resolution did not grant a lifetime pension to Pedro Castillo. Photo: dissemination
This is explained in the resolution: “In accordance with the constitutional complaint contained in Congressional Legislative Resolution No. 006-2022-2023-CR of February 17, 2023, approved by the Congress of the Republic, Mr. José Pedro Castillo Terrones is subject to the suspension of the right to receive the Pension for former Constitutional Presidents of the Republic established in Article 2 of Law No. 26519.”
