Fujimori on Trial :: Fujimori procesado

Accountability in Action :: Rindiendo cuentas

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Public Prosecutor’s Office gives evidence for 15th consecutive session to show Fujimori’s command responsibility in death squad crimes

November 4th, 2008 · No Comments

(Mass held in memory of the Barrios Altos victims for the massacre’s 17th anniversary, on Nov. 3. Photo: Praxis, Lima)

November 3, 2008

One hundred fifteenth session. The Public Prosecutor’s Office continued to present evidence in order to demonstrate Alberto Fujimori’s impunity strategy. However, according to the defense, the evidence does not prove that Fujimori ordered the Barrios Altos and La Cantuta massacres.

I. The evidence presented was:

1.               The La Cantuta trial against Vladimiro Montesinos Torres, Nicolás Hermoza Ríos and Luis Pérez Documet Regarding this military trial, the Public Prosecutor presented the following evidence:

1.1.  The accusation made by the War Court Attorney General in May 1994.

1.2.  Two resolutions, including the Resolution for Unconditional Freedom for Nicolás de Bari Hermoza Ríos.

1.3.  Formal opinions from the Auditor General and Attorney General, as well as the stay of proceedings (halt of trial proceedings) issued by the War Court and the Military Justice Supreme Council for Montesinos, Hermoza Ríos and Pérez Documet.

2. Military court’s intervention in the Barrios Altos case – According to Public Prosecutor Avelino Guillén, these documents demonstrate the military court’s role in the impunity strategy designed in the National Intelligence Service (SIN) and approved by Alberto Fujimori. Guillén claims it also proves the military court’s attempts to impede the civil courts’ investigations and sanctioning of those truly responsible for the Barrios Altos and La Cantuta crimes. Among 16 of the documents presented are:

 2.1. Formal accusations from the Auditor General and Attorney General, the stay of proceedings issued by the War Court and Military Justice Supreme Council in 1994 for the open case against Hermoza Ríos, Juan Norberto Rivero Lazo, Vladimiro Montesinos and Pedro Villanueva Valdivia for the Barrios Altos crime.

2.2. The Attorney General’s amplified formal accusation in January 1995 against Julio Salazar Monroe (former head of the SIN), Santiago Martin Rivas, Carlos Pichilingüe Guevara, Pedro Supo Sánchez, Hugo Coral Goycochea, Julio Chuqui Aguirre, Wilmer Yarlequé Ordinola, Jesús Sosa Saavedra, Johnny Berríos Rojas, Nelson Carvajal García and Silvia Ibarra Espinoza for the Barrios Altos crime and the order to initiate an investigation, issued by the military investigatory judge.

2.3. Judge José Lecaros Cornejo’s ruling in June 2003 against the former military court judges.

2.4. The sentence from the Supreme Court’s Special Criminal Court in 2004, also against the military court judges. Both sentences establish that these judges’ behavior was intended to cover the authors of human rights violations.

3.  Reports from Congress’ Special Investigatory Commission and Debate Logs for presentations of the Secretaries of Defense and the Interior before the Senate – regarding investigations carried out in 1993 on the La Cantuta case.

II. Questioning from Fujimori’s defense team

Lawyer César Nakazaki was not present at this session, thus lawyers Gladys Vallejo Santa María and Johan Pinedo Rojas from the same law firm took over the questioning this session for the evidence presented.

 

The defense argued that none of the documents from the military justice can demonstrate Fujimori authorized the dirty war, participated in the creation of the Colina Military Detachment, that he ordered the Barrios Altos or La Cantuta crimes, or that there was a link between the former president and the military courts.

 

Regarding the civil court’s sentence against the military court judges, the lawyers asserted that these do not indicate any participation by Fujimori in the crimes.

III. Incidents surrounding the criminal trial

 

The military responds

Peruvian Gen. Juan Pablo Ramos Espinoza, president of the Military Justice Supreme Council, demanded that the Public Prosecutor correct his affirmation regarding the supposedly simulated trial for the La Cantuta case. According to Ramos, this trial was not simulated and the massacre’s material authors received sentences of up to 20 years in prison. Given the severity of the sentences, Ramos claims it is impossible to argue the military trials were simulated.

 

According to Ramos, “the La Cantuta trial [is being argued as] a simulated act when in the file it’s listed that we gave an exemplary verdict for the Colina group members. We even ordered them to pay reparations of up to three million [Peruvian] new soles to the [victims’] family members … we must be practical and this is what characterizes military justice. If the result are dead bodies and there is a group that directly participated [in the crime], then what else is there to investigate?”

 

Furthermore, Vladimiro Montesinos would not have been tried in military courts since he was a former military official, meaning he would have to be tried in civil courts. As for Nicolás de Bari Hermoza and Luis Pérez Documet, Ramos indicated that the military court had reasons to separate them from the trial, but did not say what these reasons were.

It’s important to note that Ramos stated on Oct. 2 of this year that the Military Justice Supreme Council would not comply with Judge Antonia Saquicuray’s ruling, which ordered the annulment of the 1994 sentence for the La Cantuta case. Saquicuray’s ruling is in compliance with the sentence issued by the Inter-American Court of Human Rights.

 

Additionally, former military officials who have testified in Fujimori’s human rights trial, such as Jhonny Berríos Rojas, stated that the military court held fake criminal trials. There are also journalistic investigations that confirm that the oral phase of the La Cantuta trial — the presentation of witnesses, experts, evidence, arguments and sentence — only lasted three days. 

Barrios Altos massacre 17 year anniversary

Nov. 3 of this year marks the 17th anniversary of the Barrios Altos crime. It’s important to note that one of the witnesses in this hearing, Pedro Supo Sánchez, told in detail how the Colina group had practiced this “special intelligence operation” up to eight times.

 

Fujimori’s health

As in previous sessions, Fujimori’s personal doctor, who is also a member of Congress, stated that after the last session Fujimori had “strong nausea” leading them to “do an electrocardiogram (ECG or EKG) and all tests and everything else was normal. An ophthalmologist was also brought since [Fujimori] began to see little flickers … What’s happening is that the long trials three times per week, which is damaging his health.” 

Sessions currently only take place three times each week — Mondays, Wednesdays and Fridays — and only last during the morning hours. Similarly, since July this year, Fujimori was put under a closed ordinary prison regime, which permits him to have eight hours, three days a week, either for visits or time in the open air. He can receive visits from whomever he wants and has access to magazines, newspapers, painting classes, and other benefits.

Next session

The next session will take place on Wednesday, Nov. 5.

 

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