Lawyer Cesar Nakazaki considered that the Inter-American Court of Human Rights (IA Court) cannot take a position regarding the ruling that restores the humanitarian pardon granted in favor of the former president Alberto Fujimori (1990-2000)
Through his Twitter account, the defender of the former president recalled that the Constitutional Court (TC) has been drafting the sentence where he sets out the grounds that justify the decision.
Likewise, Nakazaki explained that as soon as the sentence has been communicated, the Peruvian State will be able to express its final position, no longer through the Executive Power.
“The Court (IDH) cannot order material or legal impossibilities. You can’t ask for a position on a sentence while you’re still working on it. TC announced its decision, but still drafts motivation. Recently communicated judgment, the State, no longer through the Executive, may express a position”he wrote on the social network.
As recalled, the TC accepted the presentation of Ernest Blumewho proposed declaring the appeal well founded and thereby nullifying the annulment of the pardon in favor of Alberto Fujimori. The vote was three in favor and three against, with the vote of its president, Augusto Ferrero, as the diriment in favor of habeas corpus.
In this case, said writ of habeas corpus was filed by Gregorio Parco Alarcon against the resolution of the Supreme Court of Justice, which annulled the humanitarian pardon.
On December 24, 2017, the then president Pedro Pablo Kuzcynski granted pardon to fujimori fujimori for humanitarian reasons. However, the Judiciary annulled this benefit.
It should be noted that the former president is currently serving a 25-year prison sentence for crimes against humanity. He is being held in the Barbadillo prison (Ate).
The Inter-American Court granted one week to the Peruvian State -until March 25- to submit its observations on the provisional measures in relation to the ruling of the TC in favor of the former president.
