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Witness who confirms connection between Fujimori and Colina receives threats

May 16th, 2008 · 2 Comments

Rodolfo Robles Espinoza.

May 14, 2008 

Fifty-ninth session. Retired military official Rodolfo Robles Espinoza testified on former president Alberto Fujimori’s command over the Armed Forces, as well as the relationship between Fujimori and the Colina military detachment, including the attempts to achieve impunity for Colina members.

1. Incidents during the hearing

Former judge from the Spanish Constitutional Court attends as observer.

Judge Tomás Antón Vives was present at the hearing and told the media that in Spain the trial “is followed at a distance, while [in Peru] it’s very alive and painful.” He also said that the Spanish judges’ ethical position on combating terrorist groups has always been to not accept any violations on the limits of the Rule of Law, “because when this happens, though it immediately obtains a benefit, it jeopardizes the country in the long run.”

Exchange of words between lawyers.

In light of the questions asked by Antonio Salazar, lawyer for the victims’ families, Fujimori’s lawyer, César Nakazaki interrupted the questioning in order to say that the questions were impertinent, which caused a tense dialogue between both lawyers. The President of the Court, César San Martín, had to intervene, saying, “Let’s avoid word exchanges that don’t go anywhere.” He then stated that the questions were pertinent and asked to continue with the examination.

Where are the doctors?

At 4 pm, Fujimori, who slept at very times during the session, requested permission to go to the restroom and to consult a doctor. At 4:26 the session continued; however, it was made public that Fujimori was attended by the doctors from the DINOES police base since neither the doctors assigned by the Institute of Legal Medicine nor the doctors from the National Penitentiary Institute were present. The diagnosis of the DINOES doctors was that the former president’s blood pressure was a little high and that he had a stomach infection, in which case the Court decided to suspend the session.

2. Rodolfo Robles Espinoza’s testimony

The President of Peru can give direct orders to military officials

According to the witness, the president can give direct orders to generals since the constitution states that the president is Supreme Chief of the Armed Forces, giving him command over them.

Thus, if the Supreme Chief gave an order, a general could not refuse it; members of the Armed Forces are obligated to carry out the presidential order. If they don’t follow the order, they could face consequences outlined in the Military Criminal Code. It’s important to remember that Fujimori’s trial strategy has been to claim that he only communicated with the Armed Forces by “recommending” orders to them.

Fujimori’s relationship with the Colina detachment.

Robles said that the direct relationship between Colina and Alberto Fujimori is very real. As proof, he mentioned Fujimori’s praise-giving memorandum in 1991, the Amnesty Law and the Cantuta Law.

Likewise, Robles said that the Colina detachment “was an expression of hidden politics, a dirty war, the application of terrorism by the State, created and trained for this […], was managed by the Intelligence System, orders came from the SIN [National Intelligence Service], from Vladimiro Montesinos who depended on the now defendant [Fujimori].”

It’s important to remember that Fujimori has confirmed that Vladimiro Montesinos took part in the formulation of the Amnesty Law, in addition to the attempts for impunity for Colina members that were given until the year 2000 when Fujimori’s government fell. The Organization of American States had to intervene in a roundtable discussion, to which Fujimori presented the proposal to put the amnesty in the constitution. Thus the impunity attempts lasted until the year 2000. It seems odd that a president would have carried out so many actions in favor of a military attachment that has committed various crimes.

Fujimori’s orders on the ‘self-coup’ on April 5.

Regarding the self-coup, Robles said that on April 5, 1992, at a meeting at 9 am in the Operations Room of the Army General Command, he found out about the orders for the coup.

At this meeting, Vladimiro Montesinos gave a presentation on how the Shining Path had achieved “strategic equilibrium.” Additionally, he “painted a dark picture in which Shining Path dominated us.”

Hermoza Ríos told them that “the Joint Command had already carried out the plan at the national level and it was necessary to act in order to clear the obstacles that didn’t allow the politician responsible [Fujimori] to apply his counter-subversive policies and strategy.”

Subsequently, the then president entered the meeting and Hermoza Ríos made him a summary of the presentations. After hearing this, Fujimori told them to proceed with the actions. Thus the planning for the coup d’état in the meeting was directed by Vladimiro Montesinos, Nicolás Hermoza Ríos and Alberto Fujimori.

Robles reported threatening incidents

The witness said that on May 13, strange persons took pictures of his grandson from a car. He said that these would not be people from the Intelligence Service, but rather linked to Alberto Fujimori since they don’t want Robles to keep testifying against him.

Robles will continue his testimony in the next session on Monday, May 19.


2 responses so far ↓

  • 1 Felix Gamboa // May 18, 2008 at 6:52 pm

    SESSION 59 of 14 Wednesday May 08 Gral Robles (Monday did not have for being day of the Public prosecutor) In a gesture of modesty and recognition, the President of the Room, expresses a greeting to him to the ex- president of the Constitutional Court of Spain and recognized international university professor, Mr. Thomas You live, which is a good indicator that it has brings back to consciousness that the entire world observes its actions, and that on its decision will depend, if the success or the failure of by life in its professional race happens to him, even though, as it already indicates in another commentary, that he exceeds weighs the fact that was separated of the position, in the judicial power, as a result of the 5 of 1992 April of day in which the Peruvians we celebrated the “day of the salvation of the state”, but this fact, that all the humanity knows, does not have why to influence in its decisions like Judge Supremo, knows it very well, since he is university professor of the subject. 0910 hrs IT WAS TIME THAT SOMEBODY CLARIFIES THE THINGS, INDEED LIKE AFIRMÈ IN THE PREVIOUS COMMENTARY, THE REFERENCE WITNESS OAKS, SAYS AND TO BE UNWORTHY OF OF FACTS THAT DO NOT CONSIST TO HIM, AND INTERPRETS THE LAW AT WILL AND IT INDICATES SUBORDINATIONS AND BEHAVIORS ATTRIBUTED TO FULFILLMENT OF THE LAW, THAT ONLY ESTAN IN ITS IMAGINATION, MAS NOT IN THE NORMS. Therefore good explanation of the Dr Nakasaki and brilliant intervention of the Pdte of the Room, insofar as the witness indicates “his sources”, the other part not so shining, and “more well generous” when attributing to him to Mr. Robles, the “condition of expert”, when praxis says to us that it is very far from being it. The Pdte of the Room asks: To UD it consists to him, or there are saying to him, that in both cases or four cases that we are seeing (High Districts, Cantuta, Kidnappings,…), the happened thing, was with order, intermediation, indication, consists that to him, has a precise source on the subject? It responds Oaks. “If it consists to me that ellllllllll ahhhhhh…._,” begin to stammer without know because be say that him consist, as it come do through all the testimony, soon try justify say: “ahhhhh, accused aaaaaaaa was involved aaahhhh we say, directly involved with the group hill,… initially I I did not know the entailment that could have the defendant…., in such a way that to the defendant, in such a way that if I have verbal references, like already of observation and analyses, that took unfailingly to the head of the Wild national intelligence service…, and to the commander-in-chief of the army, that did not have any doubt analyzing the corresponding laws, but “it consists to me” that the defendant did not investigate these denunciations that I did, and he consists to me that he concealed to those who I was denouncing with the amnesty laws, the law cantuta,…., the analysis of the law 746 that says clearly, WITHOUT depends directly on the president of the republic and the intermediaries took off, “that also consist to me”, consist “me” in the sentence of cantuta he indicates that the intellectual author, the mediate author is the head of the national intelligence service but the head of this general is the president of that moment, finally the congratulation that to him the president to the group does hill, that is signed by the president….,” (the incoherences are not digitación errors, is the real expression of the leguaje of the witness). Good to “us it consists to us that it knows to read”. Of his answer it is possible to be deduced, as it comes or it making the court (doubt of it does not fit to us), that the incoherence and inconsistency of their expressions do not contribute in anything to clarify the subject at issue, nor are either of utility for one or the other part, it is the more, one noticed that the most worried for this reason, he was the public prosecutor, since instead of to contribute to his thesis it weakens, it, it is for that reason that discouraged in several opportunities it changed of subject, when with another useful witness the more (or the less useless), it could have continued and have removed benefit from the investiture (major general), but like everything in the life, they give cases, because it could be the one of today, one, in which a “general with end brain” or “an end would be who never had to be general”. Public prosecutor: When he takes knowledge from the coup d’etat? , Oaks: “The same day 5 April 92, is summoned to Meeting of Commando…., one was not a coup d’etat…, they only removed to the obstacles that prevented the application of the policy and the new strategy, that it had designed and that was going to save to Lima of the disaster and the country,…”, Public prosecutor: UD support, endorsement the coup d’etat of 1992? “In it supports… it,…. , the unique thing that I had left, was to obey, was of obligatory fulfillment (she began to read the libreto), I build by obedience, on the basis of a deceit so that they painted those to us of intelligence”. With this we must to make a commentary, FIRST, in words of Oaks, do not know if it is his interpretation or it is what those of intelligence said, but the argument said “… that it was going to save to Lima of the disaster and the country…”, on the matter I to it I have affirmed through all this process and even contradicting to two generals, that the Shining Path was ready to enter the “strategic offensive” and “to take the power”, in version of Oaks, by information of those of intelligence, this it is confirmed, and SECONDLY, also in version of Oaks, obvious, the 5 of April of 1992, the Peruvians with right reason we celebrated the “day of the salvation of the state”, THIRD PARTY, said that they deceived “it”, consequently he does not mistake when trying a denomination of the “general with end brain”, because definitively, he does not conceive himself that a man over the 50 years, has not assimilated a reality, nor can refute a diagnosis mistaken with arguments. The dialogue with the White Dr, concentrated in its denunciations and naturally new rescatable for the Peruvians repeated what we have come listening reiteratively, without anything, the earths dweller and the court, but what it did not say and they were taken care of in hiding (but is recorded in previous session), it was the telephone contact that the public prosecutor of the nation takes with the denouncer, asking to him “if it had tests”, which, by version of own the Oaks, “èl had given negative answer”, consequently “there was intervention of the office of the public prosecutor to investigate”, since that was the organism of the appropriate state to do it, not the president, since that is not its function, it is more, insectoría of I already exercise had taken part and passed the case to the Supreme Council of Military justice. To 1137 hrs, like all the observers, tired of vaguenesses, the President of the Court takes part to say by nth time “we again make the precision, that in all information must need the source to us, everything what he has related to us, income, accesses, he knew how it, said to him, UD observed? , They did not say to me, who? In the case of the entrances and exits, it was the own Crl Briceño, because…”, soon one went by another way with intrascendentes commentaries for the case. He asks to the Dr Creek When UD I explain in the past session that given its new attributions (of WITHOUT), had happened to direct, to control the plans of intelligence in all the dominions, to that we are making reference, to the plans that the agents of WITHOUT execute operative or to the plans that WITHOUT it defines and which the executants are the organs of intelligence of the military institutions? It responds Oaks: “Here it is necessary to consider two aspects, the DINTE for example continued with its own work of the strategic planning and the other own plans of the needs of intelligence of the institute, of I exercise, and the military districts equal, make its studies, its plans of intelligence, for the needs of the military district, in formation force battle, for the needs, but in the case of WITHOUT, the use of these equipment of special operations of intelligence, that is because it speaks of all the Armed Forces, not only in the group hill, they participated, no, in the planning, the monitoring, in conduction, in the execution of these operative plans, but is not that they did them plans, but by the operative functional line, they gave the missions to him to realise, from or when putting to him the goals, when putting to him the objectives, when putting to him the purpose, when saying to him that she is what they must do, they or the group hill or the DINTE, if were involved, or the SIE, in short, has sees how to do it, that is they acted according to lineamientos and to a policy that gave the one him that to do, is not that in WITHOUT the plan for tal o cual thing became took part saying to him that it is what there is to do, no.” Understood something reading friend? … no, I either, the court, do not believe that equal and Mr. Creek in the same way, for that reason of preferred there to take it like reader from documents, he dedicated himself to send texts to him he reads so that them and to see if he could explain something, having the same luck, could not remove nothing. In summary, nothing rescatable for parts, but terrible confusion, until before this witness, all we were good, but he is possible that school belongs to the same of journalist Rockrose, because one (Rockrose) reads what we cannot see, the other (Oaks) interprets what it is not written, is nothing no to do, Birds of a feather flock together. With respect to the suitability of the witness, we continued discovering that the domestic aspects of the facilities or gollerías to that he has right, that knows yes it or and with luxury details, however over the professional aspects or of knowledge, he encounters serious difficulties, it allows us to deduce that its inner life (its subconscious mind) was bound to “which could obtain” from the organization in own benefit, but it did not interest much to him “what had to know”, like in

  • 2 Michael Baney // May 20, 2008 at 2:52 pm

    Has Fujimori’s legal team hired a translator to post here?

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