Fujimori on Trial :: Fujimori procesado

Accountability in Action :: Rindiendo cuentas

Fujimori on Trial :: Fujimori procesado random header image

-CONTEXT- Chronology of the military court’s criminal trial for the Cantuta Case

November 4th, 2008 · No Comments

(Peruvians read about the victims of the internal armed conflict from 1980 to 2000. Photo: Praxis.)


Read more information on the Cantuta Case


Chronology of the military court trial: 


Dec. 16, 1993: The Public Prosecutor’s Office accused 11 Peruvian military officials: 1)  Col. Federico Navarro Pérez, 2) Lt. Col. Manuel Guzmán Calderón, 3) Maj. Santiago Martin Rivas, 4) Maj. Carlos Pichilingue Guevara, 5)  Lt. Aquilino Portella Núñez, and subordinate officials:  6) Eduardo Sosa Dávila, 7) Juan Supo Sánchez, 8.) Juan Sosa Saavedra, 9) Julio Chuqui Aguirre, 10) Nelson Carbajal García, and 11) Hugo Coral Sánchez.   

Dec. 17, 1993: The military court opposed investigations in the civil court, arguing that it had assumed competence in April 1993.

Dec. 18, 1993: The civil court judge ordered the arrest of members of the Colina Military Detachment, which was opposed by the military court.

Feb. 4, 1994: The Supreme Court’s Criminal Court made a decision on the competence dispute: three supreme court judges voted in favor of the military court and 2 in favor of the civil courts. However, according to military and civil law, a favorable vote must include the votes of at least 4 (out of 5 total) supreme court judges.

Feb. 7, 1994: Fujimorista Congressman Julio Chu Meris presented a bill proposing that the competence dispute be settled in the Supreme Court, with just three favorable votes needed for a decision, rather than four as established in the law.

Feb. 8, 1994: In the late night/early morning, without following normal procedures, Congress approved Law No. 26291, which was signed the next day by President Alberto Fujimori and published on Feb. 10. This norm was known as the “Cantuta Law.”

Feb. 11, 1994: Three judges from the Criminal Court — the minimum votes necessary, as established in the new law — voted that the case would go to the military court.

Feb. 21, 1994: The War Court of the Military Justice Supreme Council read the verdict against military officials and subordinates for the kidnapping, disappearance and execution of nine students and a professor from the La Cantuta University.

May 3, 1994: The Military Justice Supreme Council confirmed the sentence, defining the “Colina Detachment” as a group of six military officials, with no connections to the Peruvian army structure and with no superior order. The following military officials were sentenced: Santiago Martin Rivas and Carlos Pichilingüe Guevara, as well as subordinate officials Pedro Supo Sánchez, Julio Chuqui Aguirre, Jesús Antonio Sosa and Nelson Carbajal García. Juan Rivero Lazo and Federico Navarro Pérez were only condemned for negligence.

May 10, 1994: The Military Justice Supreme Council’s War Court decided to judge Nicolás de Bari Hermoza Ríos, Luis Pérez Documet and Vladimiro Montesinos for the same crimes.

August 15, 1994: The military court absolved Hermoza, Documet and Montesinos, claiming that “a group of military officials under the command of Maj. Santiago Martin Rivas and others who acted out according to their own will, without consent or authorization from their superiors, the National Intelligence Service, nor any other civil or military command … were the only persons responsible.”

August 18, 1994: This resolution was signed by the Military Justice Supreme Council and is today the fundamental argument used by these former military commands and officials in defending that they held valid trials.