Fujimori on Trial :: Fujimori procesado

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Lawyers for victims’ families begin to present evidence

November 14th, 2008 · No Comments

November 12, 2008

One hundred nineteenth session. The lawyers for the victims’ families presented three packets of evidence in order to demonstrate that the Barrios Altos and La Cantuta crimes were part of a new counter-subversive strategy instigated by the defendant, former President Alberto Fujimori.

1. Incidents during the hearing

Fujimori’s health

As has happened many times during the course of this hearing, a medical report written by Dr. Eloy Loayza of the Institute of Legal Medicine (IML) was read aloud, which stated that Fujimori’s health is “clinically stable.”

Fujimori to testify in Montesinos’ trial

Afterward, the legal document submitted by the Second Special Criminal Court of the Superior Court in Lima was read, indicating that on Monday, Nov. 17 at 4pm Fujimori must be present at the criminal trial being held against Vladimiro Montesinos for the case of “La Marcha de los Cuatros Suyos.” Fujimori’s lawyer, César Nakazaki, has previously stated several times that his defendant will not testify in this trial.

Evidence presented by the lawyers for the victims’ families. The evidence organized into three packets included:

1.          “The new counter-subversive strategy.” According to lawyer Carlos Rivera Paz, these documents show that a new counter-subversive strategy had been initiated before the Barrios Altos crime was perpetrated on Nov. 3, 1991. Mostly journalistic articles were presented:

1.1.  Alberto Fujimori’s public statements

1.2.  An interview with military official Víctor Malca Villanueva, currently a fugitive from justice

1.3.  An interview with Rafael Merino Bartet, former political advisor in the National Intelligence Service (SIN)

1.4.  Other documents

 

2.          “Orders dictated by Fujimori”. According to lawyer Ronald Gamarra, these documents “aim to prove that Fujimori gave orders to members of the Armed Forces and the National Intelligence Service.”

These mostly included:

2.1. Public statements made by Fujimori, published in the media from 1991 to 1997.

2.2. Declarations made by former military officials Luis Pérez Documet and Alberto Ríos Rueda.

2.3. Declarations made by Vladimiro Montesinos, Fujimori’s former top advisor.

2.4. Extracts from the book “Operation Chavín de Huántar,” written by Nicolás de Bari Hermoza Ríos.

2.5. Final Report of Peru’s Truth and Reconciliation Commission (CVR).

2.6. Ruling against Fujimori for the case known as “Forced Entry” (Allanamiento), condemning him to six years of prison.

 

The Public Prosecutor claimed that these documents reveal that Fujimori gave orders to military officials and furthermore, that Fujimori himself publicly stated that he participated in the planning of military operations.    

 

3.          New military intelligence doctrine to combat subversive groups. Operations manuals, government orders and military control were presented.

 

Questioning from Fujimori’s defense

Fujimori’s principal lawyer, César Nakazaki was present for this session. (Nakazaki is also representing the mayor of city in the country’s interior, Luis Valdez Villacorta, who has been accused for the murder of a journalist. Coincidentally, the lawyer for the journalist’s family members in this case is lawyer Carlos Rivera Paz.) Nakazaki led the defense’s questioning of the evidence presented by the lawyers for the victims’ families.

Nakazaki said the journalistic articles were unsuitable since they cannot be considered document evidence and cannot serve as proof of a government counter-terrorism strategy: “A strategy can only be implemented through government orders.” He reiterated that while journalistic articles are documents, they are not document evidence.

Nakazaki further stated that the Final Report submitted by Peru’s Truth and Reconciliation Commission is extrajudicial expert opinion rather than document proof.

Next session 

For the next session, on Friday, Nov. 14, the lawyers for the victims’ families will continue presenting evidence they consider pertinent.

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