Fujimori on Trial :: Fujimori procesado

Accountability in Action :: Rindiendo cuentas

Fujimori on Trial :: Fujimori procesado random header image

Eighth session of evidence: Public Prosecutor’s Office presents evidence to demonstrate command responsibility for Colina’s crimes

October 20th, 2008 · No Comments


(Photo: La República, “Battle. Public Prosecutor’s Office defends each document presented in the trial.”)

October 17, 2008

One hundred eighth session. For the eighth consecutive session, the Public Prosecutor’s Office presented evidence to prove Fujimori’s command responsibility in the crimes perpetrated by the Colina Military Detachment.

1.               Incidents during the hearing


The Public Prosecutor, Avelino Guillén, continued to present evidence demonstrating that Fujimori had command responsibility for the Barrios Altos and La Cantuta crimes. Furthermore, Guillén announced the withdrawal of his proposal to have Leonor La Rosa Bustamante, former intelligence agent in the Army Intelligence Service (SIE), testify in the trial. The evidence presented included:


1.     Article from the magazine on Dec. 7, 1992, titled “Sociedad para el crimen,” which includes a testimony from an army intelligence official, giving details on the Barrios Altos crime.

2.     Article from the newspaper La República on May 9, 1993, citing Fujimori’s declarations to a radio program restating his support to Gen. Nicolás Hermoza Ríos and Vladimiro Montesinos.  According to the Public Prosecutor’s Office, Fujimori’s declarations prove that he always exercised his position as “Supreme Chief of the Armed Forces” while he was in power. As Supreme Chief, he himself stated that he does not ask, but order military officials.

3.     Testimony of former Special Detectives Brigade (Bredet) agent Marisol Arlene Quinde More, given before the Fifth Special Criminal Court in Lima. Quinde was identified by Leonor La Rosa as a former agent of the Colina detachment (paragraph 352).

4.     Testimony of police technical sub-official Orlando Moncayo Peña, given before the Fifth Special Criminal Court in Lima. Moncayo testified that moments before the Barrios Altos crime took place, he saw trucks pass by, including a military truck with military officials. The soldiers got out of the truck and closed the street in order to prevent anyone from following the trucks. This is consistent with Miguel Santana Gogin’s testimony in Fujimori’s current trial. 

5.     Death certificates, autopsy reports and clinical history of the Barrios Altos victims. According to the Public Prosecutor, these documents prove that the dirty war was applied from within the SIN, executing missions through the Colina detachment and receiving direct and verbal orders from Alberto Fujimori. The lawyer for the victims’ families also backed the relevance and value of the evidence presented.


Disagreement from Fujimori’s defense


Fujimori’s lawyer, César Nakazaki, argued that none of the evidence presented directly links Fujimori to the Public Prosecutor’s accusation, which states that Fujimori developed the dirty war strategy, created the Colina Detachment and ordered the executions for the Barrios Altos and La Cantuta crimes.


1.     The book Eye for an Eye by journalist Umberto Jara, regarding the La Cantuta murders.

2.     The book Lessons from this Century, written by Nicolás de Bari Hermoza Ríos and published in December 1996 with a prologue from Vladimiro Montesinos. In this book, Hermoza says the following of Montesinos: “Dr. Vladimiro Montesinos, whose friendship is a great honor to me, is a man who with the modesty of great human beings who has voluntarily chosen the hard path of silent and persistent work, ignorant of the benefits of public praise, official recognition and momentary applause.”

3.     “Report on the La Cantuta Case Results” that includes declarations from Gen. Luis Pérez Documet and Nicolás Hermoza Ríos, Report on the remains found in Cieneguilla, Inventory of samples from common graves, Victims’ Death Certificates, etc.


2. Next session 


The next session is scheduled for Monday, Oct. 20.