He insists that he can run in the 2026 elections, despite the fact that a significant number of constitutionalists claim that he is prevented from doing so. Once again, Elio Riera, the lawyer of former President Alberto Fujimori, has assured that his client can be a presidential candidate.
WATCH: Despite ban, FP launches Alberto Fujimori as presidential candidate
However, Riera said that if there is any controversy regarding his candidacy, the National Elections Jury (JNE) will be in charge of deciding any incident.
“In the hypothetical case that there is any controversy, it will have to be decided before the relevant authority,” said Riera when asked if he expects the JNE to be the entity that will have the final say on the possible nomination of the former president.
“I would like to echo the proposal that we have presented, the end of limitations proposed by other jurists, referring to the fact that there would be a law and also a constitutional article that would limit the access to our former president so that he can run. I am emphatic in pointing out that this law, as such, and this constitutional norm are, in form, dated after the moment in which the former president was pardoned; for this reason, it could not be applied retroactively, and in this way limit a fundamental right,” said Riera regarding the impediments raised by an important group of constitutionalists for Alberto Fujimori to be able to run.
What are the obstacles that some constitutionalists have revealed that are blocking Alberto Fujimori’s candidacy for the presidency?
Peru21 reported, as we recall, last week, that for the constitutionalist Luciano López, Article 107, paragraph “j” of the Organic Electoral Law, prevents the pardoned former president from running for president. This is because it establishes a prohibition for those convicted of corruption crimes, as is his case, and because, in addition, he has not paid his civil compensation of more than 57 million soles (paragraph “h” of the same article).
“Let us not forget that Mr. Alberto Fujimori was sentenced for corruption; in fact, he accepted them. One of them is the so-called payment of the CTS to Vladimiro Montesinos (the former intelligence adviser), for 15 million dollars,” explained López.
Constitutionalists Aníbal Quiroga and Ernesto Blume agreed that the pardon does not remove Fujimori’s status as a convicted person, because he has not been amnestied and owes civil reparations.
According to Quiroga, Article 33 of the Constitution makes it clear why Fujimori’s rights to run for office are suspended because his sentences are still in force.
“Article 33 of the Constitution suspends citizenship for all those who have a valid conviction, and Article 107 prevents convicted persons from running for President, even more so if they are debtors of civil reparations,” concluded Quiroga.
FUJIMORI RECOVERS
On the other hand, the former president’s lawyer said that Alberto Fujimori is recovering from hip surgery, and that for that reason he could not attend the hearing of the Pativilca case today.
“As is public knowledge, this latest accident (hip fracture) unfortunately caused a temporary deterioration in his health; at this time, he is recovering satisfactorily, but yes, it is the message of Mr. President, to collaborate with the Peruvians, and to transcend, finally, history by doing the right thing,” Riera added about Fujimori’s candidacy for the presidency.
