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A Sentence Could Be Handed Down Early Next Year

October 1st, 2008 · No Comments

A Sentence Could be Handed Down Early Next YearSeptember 29, 2008

One hundredth first session.  The presentation of the evidence phase was initiated.  The court started with the documentary evidence offered by the prosecution, after which the attorneys for the civil party (the victims’ attorneys) will present, and Alberto Fujimori’s defense attorney will finish.  According to how long this session has lasted, we can calculate that this phase will last two months, so the sentence from this criminal process could be issued early next year.  The Court stressed that all parties be accurate and brief.

1.  Incidents of the criminal process still have not brought evidence to the court.

To begin the session, the secretary informed the Court that she still needed to add sixteen certified copies of evidence offered by Fujimori’s defense counsel because currently none of the documents submitted by defense counsel have been certified.

Faced with this situation, the Court reiterated to the appropriate authorities (the Ministry of Defense and the National Police of Perú), under a subpoena for disobedience, that this evidence must be delivered.

Likewise, the Court also reiterated for the third time to María Elena Castillo, the reporter from the daily paper “La República”, that she must deliver the audio of the interview she gave with Jesús Sosa Saavedra, when he was a fugitive as the former agent of the Special Intelligence Detachment of the Colina Army.

The Public Ministry´s evidence

The documents presented by the Public Prosecutor served to show three themes:  1) the existence of a double strategy (one legal, the other illegal) against subversion; 2) Fujimori´s knowledge of the Special Detachment of Intelligence of Colina and its actions; and 3) Vladimiro Montesinos and his role as Alberto Fujimori’s representative before the Armed Forces and the anti-subversive fight.

The head prosecutor, Avelino Guillén, presented, along with others, the following documents:

  1. Alberto Fujimori’s message to the nation on February 7, 1991.  According to the Public Ministry, this message indicates that a small group of agents had already begun covert work to eliminate the Shining Path.  It also proves that Alberto Fujimori “was aware of the NIS’s actions down to the smallest detail” and “it shows the parallel strategy perpetrated the National Intelligence Service.
  2. The book “Lecciones de este siglo” (“Lessons From this Century”), by Nicolas Hermoza Rios, a retired Peruvian Army general who was the General Commander of the Army for eight years in Fujimori’s government.  This book’s prologue was written by Vladimiro Montesinos Torres.
  3. The declaration of Jorge Nadal Paiva, a retired general, before the special prosecutor for human rights in December of 2004.

Also, the Public Prosecutor presented partial declarations offered in different criminal processes from:  1) Francisco Loayza Galván, ex asesor del NIS; 2) Edwin Díaz Zevallos, former head of the NIS; 3) Matilde Pinchi Pinchi, ex figurehead of Vladimiro Montesinos; 4) Santiago Fujimori, Alberto Fujimori’s brother, and a current Congressman for the Republic; Federico Salas Guevara-Shultz and Alberto Pandolfi Arbulú, former prime ministers of the Fujimori regime.

“Vadivideos”

The Public Prosecutor offered the Court the written transcripts of three videos taped by Vladimiro Montesinos, in which he is filmed along with:  1) former heads of the armed forces, José Villanueva Ruesta, Antonio Ibárcena Amico, and Elesbán Bello; 2) Antonio Ketín Vidal Herrera, retired general of the PNP; and 3) Alberto Fujimori, in which the former President of the Republic gives a birthday speech to Vladimiro Montesinos.

These videos, which show  various figures with power in the political arena, media, and religion, who did not know they were being filmed, are commonly known in Perú as “vladivideos”, given that all were clandestinely made and made under the order of Vladimiro Montesinos.

The Civil Attorneys

The civil attorneys (attorneys for the victims) stated that the evidence they will offer will be limited to completing the work of the Public Prosecutor.

Disagreement of Fujimori’s Attorney

Faced with the evidence at work in other criminal trials and presented by the Public Prosecutor, Fujimori’s attorney presented several challenges, arguing that it would be “transferred evidence” and that Alberto Fujimori was not a part of the trials in which these statements were made.  Also, the attorney asserted that the videos cannot be admitted in the criminal proceedings because they had not been displayed previously; therefore they should be declared inadmissible. Finally, the attorney stated that the evidence is faulty due to the likelihood that some documents lack signatures and official stamps, such as the “Plan Cipango.”

However, they still do not know which documents the Court will ask them to present.
The Court said it will decide on this issue in due course.

2. Next session.

The next session will start on Wednesday, the first of October, and the schedule of upcoming meetings will be from 9 am to two in the afternoon.

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