The direction of the Government of President of the Republic, Pedro Castillo, has shown slight oscillations during its first months in various subjects. To these is added one that has been polarized in Peruvian politics for years: the possibility of a pardon for the former president. Alberto Fujimori, sentenced to 25 years in prison for violation of human rights. At first, the Executive He put on the table the possibility of sending the former dictator to a common prison; now would be analyzing an eventual scenario where a humanitarian pardon is granted to the father of Keiko Fujimori.
This sway in the Executive Regarding the future of the former president, it surprises even former justice ministers, such as Gustavo Adrianzén and Víctor García Toma, who say they do not understand the change in attitude of the head of state’s environment regarding this issue. Sources of government palace they assured The Republic that for a couple of days the president has been consulting the issue unofficially with some ministers, among them Hannibal Torres, who recently declared on the possibility of granting this presidential grace.
In dialogue with The Republic, the former minister Victor Garcia Toma noted that it exists a very big contradiction in the government on the Fujimori issue: “It is contradictory because just a few days ago the Minister of Justice himself spoke about the intention of changing former President Fujimori from prison and now he wants to pardon him. I find that very curious. (…) No one has asked for it (the pardon). Also, a few days ago, the narrative was that former President Fujimori should be in a common prison. “
President Pedro Castillo would be learning about the status of Alberto Fujimori and a possible pardon with his ministers. Photo: Government Palace
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For his part, the also former head of the Minjus Gustavo Adrianzén considered that, if the president has been consulting with his ministers on the issue, it must be because they want to anticipate a possible death of Alberto Fujimori, because his Government was surprised at the death of Abimael guzman: “The Fujimori issue is as delicate as the Abimael issue at the time. He died and caught the state with his pants down and they didn’t know what to do. Politically, it cannot be ignored that Fujimori is a gravitating piece on the political scene. And anticipating the events of the seriousness of his illness, he (Pedro Castillo) must be a bit exchanging opinions to see how he is going to face this situation ”, express.
Aníbal Torres slides possibility of pardon
The Minister of Justice and Human Rights, Aníbal Torres, affirmed last Tuesday 16 that “It is possible to think of a humanitarian pardon” in favor of Alberto Fujimori if his health worsens. The holder of the Minjusdh He also asserted that, so far, no request has come to his office for the benefit of the former president, who was convicted of crimes against humanity.
“The state of health of former President Alberto Fujimori, who has committed very serious crimes – which I am not saying that way, but is contained in a sentence – has worsened, it seems to me, considerably. A board of doctors has to examine it and, if the disease is so serious, of course it is possible to think of a humanitarian pardon ”, Torres declared in dialogue with Exitosa.
Minister Aníbal Torres put on the table the possibility of a pardon for former President Fujimori. Photo: Gerardo Marín / The Republic
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Hour later, the Ministry of Justice and Human Rights (Minjusdh) communicated via Twitter that, so far, they have not received any request for a pardon for the benefit of Alberto Fujimori, who is still admitted to a clinic due to his low saturation.
On the procedures for pardon
Gustavo Adrianzén explained that the request for pardon must be processed through the penitentiary institute where the inmate is serving his sentence and addresses the technical secretary of the Commission of Presidential Graces of the Ministry of Justice. In it, the documents presented such as the application, the social report, the prison report, the examination of the medical board are analyzed. And it is the commission that pronounces itself in favor or against the granting of the pardon. The conclusion reaches the hands of the Minister of Justice and he sends it to the president.
For the request to be accepted, the inmate must meet one of these conditions: “Having a terminal illness, a mental illness or an illness in an advanced stage that could be aggravated by incarceration”, Adrianzén points out.
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Even if the final evaluation is favorable to the inmate, the head of state has the power to reject the delivery of the presidential grace: “It is a power of the Republic President, but like all power in modern public administration it is fixed and it does not mean that the president can do whatever he wants and give a pardon to anyone. There is an established procedure ”, he adds.
Former ministers agree that cancellation of the pardon granted by former President Kuczynski would not affect a new request. Photo: The Republic
In this sense, Victor Garcia Toma Clarified that humanitarian pardon is clear on procedural issues and there cannot be reasons other than health in the request for pardon: “The pardon is for finding a serious or terminal illness, mental or incurable, and that, if not treated in a suitable center, could die. Those are the three requirements that are asked ”.
Canceled pardon does not interfere with a new one
Although Gustavo Adrianzén explains that more than a dozen requests for clemency have been submitted in favor of Alberto Fujimori in recent years, the most remembered were framed during the administration of the former president Ollanta Humala, when the Presidential Graces Commission sent its report to the president and he chose not to deliver the pardon, and at the time of Pedro Pablo Kuczynski, when the ex-dictator was granted a pardon but was annulled after a ruling by the Inter-American Court of Human Rights IACHR.
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About, this annulment would have nothing to do with a new request for pardon: “No, it has nothing to do with it. That pardon was declared void because what they did was outrageous. Procedures were carried out and Fujimori’s family doctor was part of the medical board, they had to issue two different minutes. The deadlines were surprisingly fast. That first pardon was a political exchange, ”explains Adrianzén.
Of the same opinion is Victor Garcia Toma: “No, none (interference with a new order) because the procedure fundamentally revolves around medical reports and, secondly, the presidential will”, express.
