The Inter-American Court of Human Rights (IACHR Court) has ratified its request to the Peruvian State not to execute the sentence of the Constitutional Court to release the autocrat Alberto Fujimori. The inter-American court maintains that the decision does not meet the criteria established in May 2018, when it evaluated another pardon granted to the octogenarian by then President Pedro Pablo Kuczynski on Christmas Eve 2017. The Court then stated that to protect the health , the life and integrity of the convicted person, Peru could opt for measures other than the prisoner’s freedom, so that the sentence of 25 years in prison is not “extinguished” nor the right to justice of the victims and relatives of victims of serious human rights violations.
The Constitutional Court of Peru declared a habeas corpus founded on March 17, which was presented by a lawyer other than the legal representative of the former president (1990-2000), who requested his release in the context of the covid-19 pandemic. The lawyer argued that the politician did not represent a danger to society and he was in poor health. The judges of the Court were tied three to three, but the president of the Constitutional Court, Augusto Ferrero, ruled in his favor.
Sentences of the Inter-American Court regarding two massacres committed in 1991 and 1992 by the Colina Group, a military detachment created by the Fujimori regime, allowed the autocrat to be sentenced in 2009 to 25 years in prison as a mediate perpetrator for qualified homicide, injuries serious and kidnapping, considered crimes against humanity. For this reason, the Inter-American Court supervises that the Peruvian State complies with its obligations towards the victims and relatives of the Barrios Altos and La Cantuta cases. The Fujimori government’s death squad murdered dozens of civilians — among them opponents of the regime — under the pretext of fighting terrorism.
In November 1991, the Colina Group killed 15 people — including an eight-year-old boy — in a building in Barrios Altos (downtown Lima) and, in July 1992, kidnapped nine students and a professor from the National University. of Education La Cantuta, who were extrajudicially executed. The following year, some charred remains were found east of the capital, but relatives of five of the victims are still searching for the bodies. The perpetrators have not reported their fate.
The resolution of the provisional measures issued this Friday by the Inter-American Court indicates that “the State of Peru must refrain from implementing the sentence issued by the Constitutional Court of March 17, because it did not comply with the conditions of the resolution of supervision of compliance” of May 2018 regarding the judgments of the Barrios Altos and La Cantuta cases.
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