Fujimori on Trial :: Fujimori procesado

Accountability in Action :: Rindiendo cuentas

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Prosecution presents documents seeking to show that Fujimori ordered the Military Squadron Colina to carry out the dirty war

October 5th, 2008 · No Comments

 October 3, 2008

One hundred and third sesion – The prosecution continued presenting documents with the purpose of demonstrating that Fujimori was the perpetrator behind of the crimes perpetrated by the Colina Military Squadron.  In this session, the prosecutor sought to show the existence of a parallel strategy in the anti-terrorist fight, which was in charge of the Colina Military Squadron.

1.  Incidents of the criminal trial

The probative evidence introduced by the Public Ministry

The prosecution presented the court with the manuals of the Army regarding special operations of intelligence and army squadrons, as well as the Plan Cipango, through which the prosecutor seeks to show the implementation of a strategy of dirty war by the government of Fujimori:

1.       Manual of Special Operations of Intelligence, ME-2830, of April of 1991.  The prosecution explained that this document demonstrated that, by orders of Fujimori, the National intelligence Service (NIS), assumed an executive role in the planning and development of the parallel strategy of the anit-terrorist fight, which was executed by the Colina Group, as reflected in the Cipango Plan.  That is to say, this is a normative document that allowed for the development of the document known as Cipango Plan.

2.       Manual of Army Squadrons, ME-38-23, defined as “secret” and issued by the Army in April of 1991.  This document reveals the existence of a doctrine of dirty war (parallel strategy), which allowed for the implementation and development of the activities of the Colina Group

3.       Plan of Operations Cipango, of August of 1991, delivered by the secretary of the Cipango plan Marco Flores Albán this document was produced by the director of operations of the Colina Group, Santiago Martin Rivas, with the support of former agent Marcos Flores Albán, who testified that everything stated the Plan was executed and became a reality.

4.       Other documents (receipts and plans of payment to collaborators) related to Plan Cipango.

Arguments the defense team of Fujimori.-

As predicted, the lawyer of Fujimori, Caesar Nakazaki, challenged the authenticity and lack of probative value of the documents presented.

1.       With relation to the ME-2830, Nakazaki argued that no original manual existed and declared that the versions produced from the years 1999 and 2000 contained different text than that which was offered to the court in this criminal trial.

2.      Nakazaki continued making arguments about the lack certification and authentication of documents, arguing that the lack of signature and seals on Plan Cipango indicated that at best it could only be treated as a transcription made after the crimes were perpetrated.

3.       With respect to the document ME-38-23, the defense lawyer declared that this Manual is not an indication of dirty war, noting that the document does not explicitly mention that people should be killed and arguing that its use was limited to situations of conventional war (in an external conflict) instead of internal struggles against subversive movement.  Additionally, the defense questioned the probative value of the Manual, even while recognizing it as an official document of the Army, arguing that the document did not indicate its application, since every manual of the Army is only doctrine, but is not an obligatory norm that has binding effect.

Incineration of documents.-

The Public Ministry maintained that the incineration of documents was a routine practice in the NIS, resulting in the incineration of the documents at issue including those in which Fujimori gave orders to the Colina Group.  There remains an understanding of interrelationship between those documents, but the complete registration of the documents and the precise content of each individual document has been destroyed.

This practice (incineration of documents) already has been described in the court by one of the former advisors of the NIS, Rafael Merino Bartet.  The Public Department maintains that the documents with the plans that would support the facts related to Barrios Altos and  Cantuta, would have been burned.

2 .- Next session

The next session will begin on Monday, the 6th of October, in which the Public Ministry (Prosecution) will present documents seized in 2002 by the judge Victory Sánchez. With these documents the prosecution seeks to show the existence of the Colina Group (the existence of this Group and the ones that perpetrated the crimes has been recognized by the lawyer of Fujimori), the use of the fictitious names by the military who constituted the Colina Group, the role of agents of intelligence, the delivery of weapons and money to the Colina Group, as well as the existence of a business of facade to conceal the existence of this Group: COMPRANSA

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