Before the imminent release from prison of Alberto Fujimori by the decision of the Constitutional Court to revalidate his humanitarian pardon, the Fourth Specialized Criminal Chamber issued an appearance with restrictions for him, ordering his impediment to leave for 18 months, extendable in the framework of the process that is being followed for the crimes of six peasants from Pativilca.
Fujimori is being prosecuted as the direct perpetrator of the assassination committed by the Colina military detachment on January 29, 1992 in the province of Norte Chico.
In addition, the court, presided over by Judge Miluska Cano, established that the former president, sentenced to 25 years for the massacres of Barrios Altos and La Cantuta, cannot leave the jurisdiction, in this case Lima, without notifying the Chamber, and you must participate in the subpoenas and proceedings that they have unless your health prevents you from doing so.
YOU CAN SEE: Constitutional Court: they filter draft sentence that orders the release of Alberto Fujimori
Likewise, they ordered that as soon as he is released from prison he must inform in writing what his address will be, which must be in the urban radius of Lima, or if he is admitted to a health facility. This issue responds to the fact that during the hearing Fujimori’s defense attorney was unable to say where he will live when he leaves the Barbadillo prison and that his family will make that decision.
They ordered that he be personally notified, warning him that if he fails to comply with the rules of conduct, the measure will be revoked, upon request, and preventive detention will be ordered.
The judge maintained that the court made the decision not only to ensure the effective judicial protection of the victims, but also of the defendants, which is why they have taken into account Fujimori’s state of health.
YOU CAN SEE: Alberto Fujimori: this was the vote of the TC in favor of the pardon of the former president
escape hazard
Faced with Fujimori’s early release from prison, the Chamber decided yesterday to resolve the prosecutor’s request after hearing its grounds, as well as the positions of the victims’ lawyer and Fujimori’s defense.
Prosecutor Luis Ramírez supported the request to prevent him from leaving due to the danger of the accused fleeing, arguing that he has a valid passport and ID and lacks residence, so he can leave the country. He commented that his state of health would not be a limitation because his relatives have affirmed that he is stable.
For her part, Aprodeh Gloria Cano’s lawyer, representing the victims, showed her support for the Prosecutor’s Office’s request to be able to guarantee the right of access to justice to her patrons.
YOU CAN SEE: Marianella Ledesma: Fujimori’s pardon “is the result of criminal activity of bribery”
While the Deputy Attorney General Luis Casaverde agreed with the measure, pointing out that it is proportional to the magnitude of the case.
In his turn, the lawyer Renzo Miranda, from the Souza-Nakazaki firm, which represents Fujimori, pointed out that they acquiesce to the request for restriction and impediment of exit.
However, he urged the Chamber for the Prosecutor to clarify whether the Constitutional Court’s ruling on the pardon reaches the right of grace, because if so, the criminal action in the Pativilca case would be extinguished.
Regarding Fujimori’s health, he explained that he suffers from ventricular fibrillation, pulmonary fibrosis and hypertension, among other ailments. When asked by the judges, he admitted that he receives medical care in prison, and when he has major problems, he is transferred to a hospital.
Demand. Relatives of the victims ask for justice. Photo: diffusion
Inter-American Court Guidelines
The court stressed that the Pativilca case is in the accusation control stage; however, it takes into account the nature of the crime for which Fujimori is being prosecuted, and follows the guidelines of the Inter-American Court of Human Rights to seek truth, justice, reparation, and due process.
He added that it is a complex case with several victims and defendants.
YOU CAN SEE: Conspiracy in the Constitutional Court: chronicle of a sentence announced to free Fujimori
Gisela Ortiz: Failure is a guarantee for the victims
Gisela Ortiz, sister of one of the murdered students from La Cantuta, said that the Court’s decision is a guarantee for the victims of Pativilca to be able to achieve justice.
He stressed that the court has not evaluated the case only based on national legislation, but has mentioned that it takes into account what the Inter-American Court of Human Rights has specified regarding the victims and also the defendant.
He stressed that the exit impediment will prevent a possible escape of the convicted former president, once he regains his freedom, when a ruling by the Inter-American Court on the Constitutional Court ruling that validates the irregular pardon he received in 2017 is pending.
YOU CAN SEE: Nakazaki: “The same reasons that justify the pardon, justify that he is no longer prosecuted”
reactions
Ronald Gamarra, attorney DD. H H.
“Criminal Chamber declares the request for a simple appearance to be justified due to an appearance with restrictions: not being absent from the locality, appearing in court and an impediment to leave the country for 18 months, extendable against Fujimori.”
Gloria Cano, lawyer at Aprodeh
“The resolution that imposes restrictions guarantees that the Pativilca process continues. But it is strange that Fujimori’s lawyers do not know where he will live if he is released, as they stated at the hearing.”
