(Inside the Courtroom: Presiding judges and representatives from the Institute for Legal Medicine. Photo: Judicial Power)
Nov. 19, 2008
One hundred twenty-second session. Former President Alberto Fujimori’s health once again generated delays in the trial. His lawyers continued to present evidence in his defense; however, the evidence demonstrates the formal aspect of Fujimori’s government and does not contradict the Public Prosecutor’s accusation, which states that there was a double strategy in the counter-subversive struggle: one strategy was formal and public and respected human rights, as reflected in official documents, and the other was a clandestine structure with no documents based on a dirty war.
1. Incidents during the hearing
Fujimori’s health generates more delays in the hearing
A report from the Institute of Legal Medicine (IML) was read, indicating that Fujimori has high blood pressure, edema, peripheral vascular insufficiency, hypoalbuminaemia and prolonged stasis, in addition to chronic gastritis and a pancreatic cyst.
The IML recommended to reevaluate his therapy with a cardiovascular specialist, monitor his blood pressure every four hours, modify his diet and to not remain seated longer than 90 minutes during trial sessions. The reevaluation will be carried out by the National Institute for Neoplastic Illnesses (INEN) in four weeks and excess movement should be limited.
Dr. Loayza recommended having 15 or 20 minutes of rest after each 90-minute session in order for Fujimori to have therapy to move his lower limbs, avoiding edemas and hypertension.
The Court’s measures
In accordance with the IML’s recommendations, the Court established that the trial sessions will take place on Mondays, Wednesdays and Fridays from 9:00am to 10:30am, 10:50am to 12:20pm, and from 12:40pm until 2pm. The Court also ruled that Fujimori is not to be transferred from his current detention center and in the case of his needing to testify in another trial, it must be on Tuesday or Thursday in Fujimori’s detention center.
Evidence presented by Fujimori’s defense
Lawyer Gladys Vallejo Santa María based the defense’s evidence on various official documents from Fujimori’s government, including directives, regulations, plans from the Ministry of the Interior and a human rights record.
According to the lawyer, these documents prove that Fujimori’s government established limits in the counter-subversive struggle. Thus each action was carried out with full respect of human rights and subversive groups were only eliminated when they refused to put down their weapons.
Later, Lawyer Vallejo presented five groups of official documents under these titles:
1. “Strategic planning for national defense during Fujimori’s government”
2. “Political actions carried out by Fujimori in the counter-subversive struggle”
3. “Circulation of information on respecting human rights within the Armed Forces”
4. “Circulation of information on respecting human rights in the rural defense groups” (rondas campesinas)
5. “The Commander’s functions”
Questioning by the Public Prosecutor
Public Prosecutor Avelino Guillén stated that the evidence presented reiterated the accusation made by the Public Prosecutor’s Office regarding the utilization of a public and official structure in the counter-subversive struggle.
Guillén also said that “these regulations, directives and plans did not exist for the Colina Military Detachment that was formed within the army, with the objective to eliminate people; these norms were not fulfilled in reality.” According to Guillén, the Colina Detachment was part of the informal and clandestine structure, designed in the National Intelligence Service (SIN).
Questioning from the lawyers for the victims’ families
Lawyer Carlos Rivera Paz signaled that the documents presented by Fujimori’s defense serve to justify the legal counter-subversive strategy; however, in practice, the violation of human rights was not prohibited.
II. Incidents surrounding the trial
Fujimori will be able to testify in Vladimiro Montesinos’ trial
According to the measures taken by the Court trying Fujimori, Montesinos’ trial can be transferred to Fujimori’s cell in order to for the former president to testify.
Trial against Fujimori is shelved
The Judicial Power shelved the trial against Fujimori for allegedly using pubic funds to give US$30,000 to a group of people in the north of Peru for his third reelection in 2000. The Court claimed the case was shelved because Fujimori’s responsibility cannot be proven.
III. Next session
In the next session on Monday, Nov. 24, Fujimori’s defense lawyers will continue presenting evidence for the third consecutive session.
There will be no trial session on Friday, which has been declared a holiday due to the Asia-Pacific Economic Cooperation (APEC) forum held in Lima this year. In 2000, Fujimori attended the APEC summit in Brunei on Nov. 15, and then flew directly to Japan, where he sent his resignation from the presidency by fax. His daughter, also a current member of Peruvian Congress, Keiko Sofía Fujimori, has declared that this was planned several days beforehand.