The ruling of the Constitutional Court (TC) in favor of declaring the appeal against the sentence that annulled the pardon granted to Alberto Fujimori, granted by former President Pedro Pablo Kuczynski in December 2017, ended three to three, but the casting vote of Augusto Ferrero —current president of the TC— tilted things in favor of Fujimori. In the same sense, Ernesto Blume and José Luis Sardón failed. Marianella Ledesma, Eloy Espinosa-Saldaña and Manuel Miranda opposed.
What arguments were put forward to declare the lawsuit unfounded? TC sources explained that Judge Ledesma, at least, raised up to five points that, from her point of view, merited rejecting habeas corpus.
In the first place, the judicial sentences in Peru have to be fulfilled, without distinctions or differences. Ledesma explained that in Peru there are more than 100 convicts over 80 years of age who cannot access the same privilege as Fujimori.
Second, what has to do with impunity and reparation. The magistrate indicated that the speaker of the case (Blume) and those who supported him seemed to go against the Inter-American Convention on Human Rights, since the sentences of the Barrios Altos and La Cantuta cases are supervised by the Inter-American Court.
Third, Ledesma warned about the fact that they had not even complied with paying reparations to the victims of Fujimorism. Fourth, and faced with the argument that the ex-president’s very delicate health makes his release necessary, Ledesma read Keiko Fujimori’s March 14 tweet in which the former presidential candidate reported that her father had already been discharged from the Centenario clinic. to continue his treatment in prison.
And fifth, that the background of this pardon is corruption. The magistrate reminded her colleagues that Kuczynski is being investigated for the release of Fujimori in retribution for the votes that Kenji Fujimori obtained to prevent him from being vacated.
In September 2021, the National Prosecutor, Zoraida Ávalos, considered that there are arguments to constitutionally denounce Kuczynski for the alleged crime against the public administration in the form of aggravated influence peddling and own passive bribery. Kenji Fujimori is also accused of the same crimes. Enrique Mendoza and Fernando D’Alessio, former Ministers of Justice and Health, are charged with the alleged crime of own passive bribery.
YOU CAN SEE: Juan Carrasco announces that the Executive will go to the IACHR to reverse the ruling of the TC that frees Fujimori
Ledesma said that it is not possible for the TC to validate a pardon that, according to all the indications, was built in a scenario of corruption and thus provide a blanket of impunity to the four investigated by the Public Ministry.
The same sources indicated that Judge Espinosa-Saldaña mentioned that the decision of the Supreme Court —when it annulled the pardon granted by Kuczynski— had acted according to its powers and with a reasonable sentence. Espinosa-Saldaña also said that while it is true that Fujimori has health problems, these are typical for a person his age, apart from the fact that every time he faces a complication he is immediately transferred to the clinic. In addition, he warned about the consequences that could come with the Inter-American Court.
The sentence is yet to be published.
Judge Manuel Miranda offered a short intervention in which he defended the fact that the Supreme Court had the power to annul the pardon that had been granted by Pedro Pablo Kuczynski. When the sentence is published —with the votes for and against—, the motivations of each of the members of the Constitutional Court will be known in greater detail.
YOU CAN SEE: Who is Augusto Ferrero, the TC member whose vote gave Fujimori his freedom?
reactions
Pedro Castillo Terrones, President of the Republic
“The crisis to which I referred is reflected in the decision of the TC. The organs of international justice (…) and the rule of law must safeguard the effective exercise of justice for the people”.
Dina Boluarte, first vice president
“We express our concern about the decision of the TC that grants a habeas corpus in favor of Alberto Fujimori, author of serious crimes that damaged Peru. We stand in solidarity with the victims.”
Anahí Durand, former Minister of Women
“We are experiencing a systemic crisis (…) that requires substantive solutions, but today demands safeguarding the rights of victims. We hope that the appeal to international bodies will be soon”.
Guillermo Bermejo, congressman
“The TC agreed with the mafiosi who pardoned the dictator and freed Alberto Fujimori’s murderer and thief. Everyone to the streets! Not pass!”.
