Fujimori on Trial :: Fujimori procesado

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César Nakazaki reassumes Fujimori’s defense

December 5th, 2008 · No Comments

(Peruvian judges presiding over Fujimori’s human rights trial. Photo: Judicial Power) 

December 3, 2008

One hundred twenty-seventh session. Alberto Fujimori’s defense, led by principal lawyer César Nakazaki, continued to present evidence to demonstrate the legal strategy of the former president’s government in counter-subversive efforts. The Public Prosecutor reiterated that the public legal strategy has not been contested, but rather the clandestine strategy executed through the Colina Military Detachment, which includes the Barrios Altos and La Cantuta crimes.

I. Inside the courtroom

1. Fujimori’s health. A medical report from the doctors at the Institute of Legal Medicine (IML) and National Penitentiary Institute (INPE) was read during the session, stating that the necessary arrangements have been made with the National Institute for Neoplastic Illnesses (INEN) for Fujimori’s pending exams. The exams will start on Dec. 5 in the afternoon, after the hearing, and will last until Sunday, Dec. 7.

The Court President announced that arrangements will be made for these exams to take place on Friday, Dec. 5.

2. Evidence presented by the defense. César Nakazaki, Fujimori’s principal lawyer, led the defense during this session, presenting evidence related to intelligence operations planned in the National Intelligence Service (SIN) between 1992 and 1995, as well as other documents.

Nakazaki reiterated that special intelligence operations against subversive groups were not designed to kill and were not planned by the Colina Military Detachment, but were rather designed to bring social development to Peru’s poorest areas: “All these special intelligence operations aimed to achieve economic social development in poor areas, to gather information on terrorists and try to cause a break among top members of [the subversive group] Shining Path.” The evidence included the following:

2.1. Operation “Ómnibus” (Bus). July 1992

2.2. Operation “Apoyo” (Support). November 1993

2.3. Operation “Pueblo Joven” (Shantytown). October 1994

2.4. Operation “Constelación 93” (Constellation 93). 1993

2.5. Operation “Ruptura” (Breakup) June 1995

2.6. Public Works carried out by the Casa Militar

2.7. The “Illegal Search” case

2.8. The power that Vladimiro Montesinos generated within the Armed Forces

2.9. The autonomy in Armed Forces command levels

2.10. The lack of evidential value in Pedro Supo Sánchez’s testimony due to inconsistencies

 

3. Debate between Public Prosecutor and Defense. At one point in the trial session, Public Prosecutor Avelino Guillén reprimanded defense lawyer Nakazaki for his ignorance of the trial’s proceedings due to his absence in recent sessions. Nakazaki responded that Guillén should not tell him how to do his job and respect his work in the trial. The defense lawyer further argued that the Court should consider how long the Public Prosecutor delayed in presented evidence and asserted that no one should give him recommendations on how to handle his case.

During this argument, Fujimori only looked at his lawyer and the Public Prosecutor.

Court President San Martín demanded both lawyers to calm down and avoid comments that are out of line.

4. Questioning by the Public Prosecutor. Guillén claimed that the documents presented by Fujimori’s lawyer do not contradict accusations of a dirty-war based parallel strategy in counter-subversive operations, initiated on Nov. 3, 1991 with the Barrios Altos crime.

Guillén further argued that the Public Prosecutor’s Office does not deny that there was an official strategy and regulations that responded to subversive threats. Rather the Public Prosecutor’s Office asserts that while there was an official strategy, there was also an unofficial and clandestine strategy based on dirty war tactics.

5. Questioning by the lawyers for the victims’ families.  One of the lawyers for the victims’ families stated that when Operation “Ómnibus” was planned, the National Intelligence Service — directed in practice by Montesinos— was supposedly already executing intelligence operations since the Colina Military Detachment had infiltrated the university in La Cantuta before committing the murders of nine students and a professor in July 1992.

III. Next session

For the next session on Friday, Dec. 5, Fujimori’s defense lawyers will continue presenting evidence for the eighth consecutive session.

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