Carlos Rivera, who requested the precautionary measure as a lawyer for the families of the victims of the Barrios Altos and La Cantuta massacres, for which Fujimori was convicted, and Aníbal Quiroga, a constitutionalist considered conservative, spoke in this regard.
Both pointed out that Peru recognizes the supranational jurisdiction of the IACHR, for which it must abide by its statement, which required the measure to guarantee the right of access to justice for the victims of the Barrios Altos and La Cantuta cases.
It notified in this sense that “it refrains from executing the order of the Constitutional Court to order the freedom of Alberto Fujimori, until this international Court (TC) can decide on the request for provisional measures,” according to the text.
Rivera said that Peru is undoubtedly obliged to comply with the decisions and sentences of the external court, since they are mandatory.
Quiroga added that what is required by the IACHR is not a request but an order that must be followed.
According to Rivera, since the ruling was made public, which on March 17 restored the pardon decreed in December 2017 and annulled as illegal by the Supreme Court, he has been convinced that the TC’s decision is illegal “and had no legal basis or constitutional, nor bound by international law.
He added that the text of the sentence, published last Monday, confirmed that the ruling had no valid argumentation or possibility of success, especially since it opposes the IACHR and its resolutions, especially the 2018 one that questioned the pardon.
“It was just causing international ridicule and a tremendous mess,” Rivera added.
The resurrection of the pardon split the TC in two, as there were three votes in favor and three against, before which the conservative president of the court, Augusto Ferrero, imposed his casting vote and decided to approve a habeas corpus in favor of Fujimori.
The TC adapted the appeal in such a way as to release him invoking the health of the 83-year-old prisoner, without any expert opinion on the state of Fujimori, whose freedom was pending publication of the sentence and was imminent today.
car/mrs
