Elio Riera, lawyer for Alberto Fujimoriconsidered that it only remains to comply with the ruling of the Inter-American Court of Human Rights (IA Court), which ordered Peru not to abide by the ruling of the Constitutional Court (TC) in favor of the former president being released by restoring his pardon.
In dialogue with Canal N, he questioned that the medical documentation on the former president’s state of health had not been analyzed and said that he was taken by the news of the ruling. “with much surprise” and “a lot of concern”.
“The State is attached to the Inter-American Court, we have no choice but to comply with this defense and try to make it possible, in one way or another, to comply with what it is requesting”he expressed.
“We will have to do the respective follow-up and the State will have to report that everything requested has been fulfilled”added the lawyer, who indicated that the ruling of said supranational instance has left him “a little dismayed”.
“The issue of medical documentation has not been analyzed in greater depth and (I am) also a little dismayed with the way to resolve it because, according to what I have been able to learn, they indicate that the State must refrain from complying with a sentence of the Constitutional Court, that is to say, the autonomy of the highest interpreter of the Constitution is being set aside, which is the most worrying”he underlined.
What does the ruling of the Inter-American Court say?
The failure of the Inter-American Court It means that the former president will remain in prison, serving his sentences for crimes in the Barrios Altos and La Cantuta cases, among others. The ruling was published this Friday, April 8, after evaluating the request for provisional measures by the representatives of the victims of said processes.
The court’s ruling provides, first, that a specific supervision task will be carried out on the humanitarian pardon that was granted to Alberto Fujimori in 2017 and compliance with the sentences against him, as ordered on May 30, 2018.
“The State of Peru must refrain from implementing the ruling issued by the Constitutional Court of Peru on March 17, 2022, which restores the effects of the pardon ‘for humanitarian reasons’ granted to Alberto Fujimori Fujimori on December 24, 2017, due to that it did not comply with the conditions determined in the ruling on monitoring compliance with judgments of May 30, 2018″sentenced the Inter-American Court.
In their ruling, the judges of the international court assess that the constitutional Court did not assess if there was one “imperative need” that he be released due to his state of health and the conditions of his detention.
“The Constitutional Court made a ruling that restored the effects of a pardon ‘for humanitarian reasons’ granted four years ago, without assessing updated information on the health situation of the convict, medical care and conditions of serving the custodial sentence in the prison. penitentiary establishment”says the document.
The possibility that he could continue serving his sentence in different conditions outside the penitentiary center without resorting to a termination or forgiveness of sentence was also not considered, nor was the fact that Fujimori Fujimori had not made the payment of the corresponding civil compensation in favor of the victims. .
The Inter-American Court requests Peru to submit, no later than May 13, 2022, a report on compliance with its 2018 ruling regarding compliance with the judgment in the Barrios Altos and La Cantuta cases.
It also provides that the representatives of the victims and the IACHR submit observations to the report submitted by the Peruvian State within a period of four to six weeks after being notified.
