The Judiciary ordered to comply with the request of the Constitutional Court (TC) that ordered the Liberation by Nicolás Hermoza Ríosformer head of the armed forces during the dictatorship Alberto Fujimoriafter partially accepting a habeas corpus resource. The decision is based on its delicate state of health, so keeping it in prison only violates its human dignity.
The Constitutional Court decision It occurred in December last year. Constitutional magistrates unanimously concluded that, according to medical reports, Hermoza Ríoshe is no longer fully aware of the sanction that was imposed, so that the penalty stops fulfilling his resocializing purpose.
“Mr. Nicolás de Bari Hermoza Ríos is a 90 -year -old man who faces an extremely deteriorated state and who It is held In the Ancón II prison establishment, suffering from serious health issues “reads in the judicial document.
The decision of the Judiciary will allow Hermoza Ríos to be transferred to the house of a relative or a medical center, without any restriction of freedom, which will allow him to receive better medical care.
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Request from the Constitutional Court on Nicolás de Bari Hermoza Ríos
In addition, the judges considered that Hermoza Ríos He already served two thirds of his conviction and cannot face new judgments. Although he was granted early freedom, Nicolás de Bari Hermoza Ríos Follow the payment of civil repairs and maintains its current penalties.
Hermoza accumulated 16 sentences for crimes of corruption and human rights violations, although he only turned the longest, 25 years, of which he has already served more than 18. In 2010, he was convicted of the massacres of the Cantuta and neighborhoods Altos, and in 2017, for forced disappearances, after the disappearance of two students and a teacher in the basements of the Army Intelligence Service (SIE).
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In addition, the fourth Anti -Corruption Chamber imposed a four -year penalty for diverting resources from military institutions and ministries towards the National Intelligence Service (SIN) under the direction of Vladimiro Montesinos. Hermoza Ríos, together with other high military commanders of the Fujimori government, were ordered to pay seven million soles in civil reparation, after accepting their responsibility in the corruption scheme directed by Montesinos.
“In cases such as the present, what is finally intended in practice is an early freedom of the serious deterioration of the physical and mental health of the convicted person, who has been declared with absolute procedural inability to face the criminal proceedings he maintained pending,” It is read in the resolution.
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In addition, The TC requires Congress and the Executive that legislative regulations are established to define the cases and requirements necessary to access alternative measures to the custodial sentence in similar cases such as this.
