Revert the fault constitutional Court (CT) that releases the former dictator Alberto Fujimori will depend exclusively on the Inter-American Court of Human Rights. While that, the Relatives of the victims of the La Cantuta and Barrios Altos cases They requested provisional measures from the Inter-American Court so that Fujimori does not enjoy impunity.
At the closing of this note, there was no response in this regard. However, as he explained to The Republic the lawyer Gloria Cano, of the National Human Rights Coordinator (CNDDHH)when they are provisional measures, they can dictate them in the shortest possible time. “We are waiting for the Court’s resolution,” he added.
Cano recalled that the Inter-American Court has already pointed out the circumstances so that the State can reduce the sentence, among them, having served most of the sentence, having recognized the crime, comply with civil compensation and have a favorable attitude towards justice.
YOU CAN SEE: Relatives of victims expressed their pain and outrage at the ruling of the Constitutional Court
To this is added that there is jurisprudence, as specified by the lawyer Charles Riverawell a person convicted of crimes against humanity “You cannot receive an irregularly issued pardon.”
There is, however, another path. Cano explained that It is up to the Supranational Attorney General’s Office to defend the State against the verdict of the TC in the Fujimori case.
The supranational attorney for this case is the lawyer Carlos Reano. This newspaper wrote to him and called him by phone to find out what measures he will adopt in the following hours, but at the end of this article he did not respond.
Fujimori governed Peru in the 1990s. Photo: EFE
In the Government, the truth is that they are already preparing a strategy. Last night, the Deputy Minister of Justice, John Carrascoassured, after meeting with the president in the Palace, that they will resort to international jurisdiction. “Murderers and corrupt should not be favored with any failure, they must serve their sentence and pay civil reparations,” said the former prosecutor and former Minister of the Interior.
The chancellor Cesar Landa commented along the same lines. “The recent decision of constitutional Court about the Fujimori case is not valid, because it goes against the decisions of the Inter-American Court of Human Rights in the Barrios Altos and La Cantuta cases,” he tweeted.
Landa was a magistrate and president of the TC. He knows the jurisprudence and, therefore, maintained that the Court’s decision “It would correspond to be reversed by the Inter-American Court, which already ruled on this issue in 2018, recalling the international obligation of the State”.
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A precedent from 2018 that revoked Fujimori’s pardon
On June 15, 2018, The Inter-American Court rejected the pardon of Alberto Fujimori for violating the sentences in the cases La Cantuta and Barrios Altos. That resolution ordered the Judiciary and the Constitutional Court to correct their decision to release Fujimori. That year, the Inter-American Court gave them until October 29 to report on compliance with said verdict. Finally, in October, Fujimori returned to prison when his pardon was revoked.
Four months before its ruling, the Inter-American Court had held a compliance control hearing in Costa Rica to analyze whether the pardon granted by former president Peter Paul Kuczynski in 2017 Fujimori respected international standards. The supranational prosecutor for this case is the lawyer Carlos Reaño.
