Fujimori on Trial :: Fujimori procesado

César Ramal Pesantes. Picture from the Judiciary. 

April 11, 2008 

Forth-seventh session. Retired military officials César Ramal Pesantes and Willy Alberto Chirinos Chirinos testified, both summoned by the defense.

César Ramal Pesantes. The most important aspects of his testimony include:

1.     Direct order from Fujimori. He first said that he never received direct orders from Fujimori; however, he had to admit that he did when he was reminded that Fujimori testified in the second session that he directly gave the order to Ramal for the military personnel to enter into La Cantuta University.

2.     Army’s legal strategy. Ramal also testified on the legal strategy that the Peruvian army had in its struggle against subversive groups, saying it was a policy based on getting closer to the population in all Peruvian territory.

3.     Ignorance of human rights violations. Later, the witness was asked about cases of human rights violations committed by Peruvian military personnel, since he had been army inspector in 1989. He denied knowledge of any cases of human rights abuses. When asked if he hadn’t been aware of the Cayara Case, he responded that he was not. Thus, despite having been the Peruvian army inspector, he was unaware of all media reports and criticisms on supposed rights violations.

The first point sustains the chain of command that Fujimori directed, since it was he who gave direct orders to the military to enter La Cantuta Universty, just as he testified. The second point agrees with what journalist Umberto Jara mentioned: that there were two lines of action in the low-intensity war, one legal (to get closer to the population), which served to cover up the illegal strategy. Regarding the latter, Ramal said that he is unaware of any illegal action, even the public reports that were made known at the time.

Willy Alberto Chirinos Chirinos is a retired army general and was director of the National Intelligence Office (DINTE) for 23 days between November and December 1992, replacing Gen. Juan Rivero Lazo.

There was no formal position change with Juan Rivero Lazo, who was previous head of the DINTE, as is usually done in the army. However, Fujimori’s defense has insisted that nothing in the Peruvian army can be done outside of these established norms.

Chirinos testified that he never told Gen. Robles abut the existence of Colina, nor did he report the Cantuta crime. He did not give any information on the DINTE. However, in the criticisms made by Robles on the Colina detachment, Robles indicated that it was Chirinos who gave information on the Colina detachment.

Chirinos also denied knowing about any military detachment with the characteristics of Colina. He also claimed that a low-intensity war was never talked about in the army.

For the next hearing, Valdivia Dueñas and Julio Salazar Monroe, recently condemned to 35 years in prison, will testifiy. Salazar is also represented by César Nakazaki.

Command responsibility (autoría mediata).

To establish command responsibility as described in article 23 of the Peruvian Criminal Code, two bases have to be established: i) a hierarchal organization that received orders from superiors without being able to ask questions; ii) and that the person having command responsibility used this hierarchy with the purpose of carrying out illicit orders. Thus there is a chain of command.

i) Hierarchical organization. As previously mentioned, the testimony of former Colina detachment agents, as official documentation exposed during the hearings, has reliably demonstrated the existence of the military detachment that carried out the Cantuta and Barrios Altos crimes.

ii)  Chain of command.

1. Its members were benefited by Law 26291, denominated the “Cantuta Law,” establishing that the military courts would judge the Colina members; and with Law 26479, the Amnesty Law on June 16, 1995, which the government tried to constitutionalize in the year 2000 when Fujimori left the presidency.
2. Its members received direct praise from then president, Alberto Fujimori, who rewarded quick promotions.
3. Orders from Fujimori to generals.