Fujimori on Trial :: Fujimori procesado

Accountability in Action :: Rindiendo cuentas

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Fujimori’s health causes controversy on how trial will proceed

May 22nd, 2008 · No Comments

(Above: Fujimori tells the Court about his health condition. Below: Dr. Eloy Loayza, of the Institute of Legal Medicine) 

May 21, 2008

Sixty-first session. Former military general, Rodolfo Robles Espinoza, continued his testimony, reiterating that Fujimori had command over all aspects of the National Intelligence System through his former adviser and spy chief, Vladimiro Montesinos.

1. Incidents during the hearing:

Fujimori’s health: Should the trial be suspended or not?

At the beginning of the session, Fujimori stated the following in reference to his health: “I have managed this health problem very discretely. The problem appeared approximately five weeks ago, a specialist said it was leukoplasia [also known as leukoplakia]. It is not the first time that I’ve had this disease. I also had it 10 and a half years ago, but I would be more at ease if the two doctors who are specialists in this area, who know my medical history, could be present in the trial.”

According to the Peruvian press, leukoplakia is related to the human papillomavirus.

The Court ordered for the medical specialists from the Hospital of Neoplastic Diseases to do the necessary analyses, with the support of the Institute of Legal Medicine team.

According to defense lawyer César Nakazaki, the recent statements on Fujimori’s illness are not to an attempt to “bend the rules” of the trial, since at no time has he requested a recess that exceeds the limit permitted in Article 267 of the Criminal Procedures Code. However, when he was asked about pro-Fujimori Congressman Alejandro Aguinaga’s public request to suspend the trial for 15 days, Nakazaki replied that as Fujimori’s head doctor, Aguinaga should know why he has asked for this suspension. Thus Fujimori’s lawyer did not deny the roundabout way that the fujimoristas have made their request to suspend the trial, which could potentially nullify all the sessions related to this trial to date.

Likewise, Fujimori’s lawyer stated that it is possible to continue the trial without Fujimori present during the sessions, which, according to the Peruvian Criminal Procedures Code, is not true. In fact, a controversy already surfaced days before the trial when current Peruvian president, Alan García, presented an urgent bill, which would have permitted Fujimori’s absence during his trial in the event that it were approved.

2. Robles Espinoza’s testimony:

Nakazaki continued with his excessively formal strategy, requesting exact references on the differences between operative, strategic and tactic intelligence. He then compared the witness’ definitions with those made by other witness such as Marco Miyashiro. He also requested that Robles give his analysis on the political constitutions of Argentina, Colombia, Venezuela and the United States, among others.

Additionally, Robles reiterated his certainty that Fujimori ordered the Colina detachment’s missions and that this was done through the National Intelligence Service (SIN), through his advisor Vladimiro Montesinos. According to Robles, the order for the Barrios Altos crime was an implicit order from Fujimori, who at that time was Supreme Chief and Supreme Commander of the Armed Forces.

In the next session, Robles Espinoza will continue to answer the questions of Fujimori’s defense lawyer.

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