Fujimori on Trial :: Fujimori procesado

Accountability in Action :: Rindiendo cuentas

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Public Prosecutor presents evidence to prove Fujimori’s awareness and participation in persecuting military general who denounced Colina crimes

November 8th, 2008 · No Comments

November 7, 2008

One hundred seventeenth session. Public Prosecutor Avelino Guillén continued to present evidence to prove Alberto Fujimori’s command responsibility for the Colina Detachment’s crimes.

I. Criminal trial

1. Superior Court must authorize if Fujimori testifies in trial against Montesinos

At the start of the trial session, the summons from the Second Special Criminal Court of the Lima Superior Court was read, requesting Fujimori to testify in the criminal trial “March of the Four Corners (Marcha de los Cuatro Suyos) against Vladmiro Montesinos, Fujimori’s former political advisor. The President of the Court for Fujimori’s trial, César San Martín, responded that the Superior Court should define the extent of the summons for the former head of state: “The Supreme Court has nothing to authorize, this corresponds to the Court that has accepted the request for testimony.”


Furthermore, San Martín stated that he would respect the schedule established for the trial sessions — Mondays, Wednesdays and Fridays from 9 am to 2 pm.

2. Evidence presented by the Public Prosecutor’s Office:

Before the Public Prosecutor began, the Court urged the prosecution and defense to be concise in its interventions, limiting themselves only to specific content in the documents, without repeating or duplicating in order to speed up this phase of the trial.


Persecution against Rodolfo Robles Espinoza

Public Prosecutor Avelino Guillén presented two packets of evidence regarding two issues:


1.     Persecution against military Gen. Robles Espinoza. Among other documents presented were:

1.1.                   Robles’ public accusation on May 6, 1993 that military officials participated in the La Cantuta crime. According to the Public Prosecutor’s Office, the document reveals that the Cantuta crime was perpetrated by a special intelligence detachment, which was commanded by Montesinos along with the Army Intelligence Service (SIE) and the Army Intelligence Office (DINTE). Nicolás de Bari Hermoza Ríos, former Army Commander General, also knew and approved of this detachment’s operations.

1.2.                   Journalistic articles.

1.3.                   Supreme Resolution to force Robles to retire.

1.4.                   Official communiqués from the Peruvian army and the Military Justice Supreme Council.

1.5.                   Declarations by Rafael Merino Bartet, former political advisor in the National Intelligence Service (SIN), made before Congress.


This accusation was made on May 6, 1993. The following day, May 7, Gen. Robles, who had occupied the third place in the Peruvian army hierarchy, was expelled from the army. Later, on May 9, Fujimori publicly reiterated his support to Montesinos and Hermoza Ríos.


On May 18, 1993, Robles repeated his accusation against Hermoza and Montesinos before Congress. On June 3, the Military Justice Supreme Council rejected the evidence Robles had presented.


2.     Documents copied from the computers of Rafael Merino Bartet and Pedro Huertas Caballero


Lawyers for the victims’ families

According to Carlos Rivera, one of the lawyers for the victims’ family members, the documents presented by the Public Prosecutor’s Office demonstrate a plan to persecute, silence and punish Gen. Robles. Furthermore, Fujimori participated in this persecution since he signed supreme resolutions, one of which assigned Robles to the Inter-American Defense Board in Washington DC in the United States, and another reiterated the active military life.


Questioning from Fujimori’s defense

Johan Pinedo Rojas, one of the lawyers from Fujimori’s defense team, signaled that Robles’ accusation is a proof of discharge in favor of his client, since it states that the Barrios Altos crime was committed in order to justify the Colina detachment’s spending, and was not an order from Fujimori. Additionally, Robles’ accusation indicates that Fujimori did not know about the crimes.


Next session

The next trial session will take place on Monday, Nov. 10.


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