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Fujimori’s defense finishes presenting document evidence

December 9th, 2008 · No Comments

(Lawyers for the victims’ relatives. Photo: Judicial Power) 

December 5, 2008

One hundred eighth session. Former President Alberto Fujimori’s defense finished presenting document evidence in this session and continued to debate on whether former Colina agents’ testimony should be considered valid for this trial. Having concluded the document evidence phase, the Public Prosecutor and Fujimori’s defense will now present audio and video evidence to the Court.

I. Inside the courtroom

1. Fujimori’s health. After this session, Fujimori was transferred to the National Institute of Neoplastic Illnesses (INEN) in order to have the medical exams necessary for his stomach pains and pancreatic cysts.

On Sunday, Dec. 7, the former president will be returned to the detention center where he is being tried for human rights violations and where he serves his prison sentence for the case of illegal entry.

2. Specific rules for audio and visual evidence. Having concluded with the documents in the evidence phase, the trial will now proceed to the second phase of audio and visual evidence., The Court has established rules for presenting this evidence in accordance with Article 262, No. 4 of the Criminal Procedures Code, clearly stating that people who appear in the videos or audios will be cited only for the following:

1. To recognize their voice or image

2. To identify who they are speaking with

3. In the case that the videos or audios have been edited, the edits must be explained

The Court has expressly prohibited summoning people for other reasons. Furthermore, the prosecution and defense must specify the concrete evidential value and will only call the person in the audio or video to be present if necessary; otherwise, the evidence will be shown or listened to in their absence.

3. Presentation of evidence by Fujimori’s defense. César Nakazaki concluded presenting document evidence in efforts to demonstrate the following:

 

3. 1. The lack of evidential value in the testimonies given by certain former members of the Army Intelligence Service (SIE) and Colina Military Detachment, including:

3.1.1. Marcos Flores Albán

3.1.2. Héctor Gamarra Mamani

3.1.3. Jorge Ortiz Mantas

3.1.4. Isaac Paquillaury Huaytalla

3.1.5. Hércules Gómez Casanova, who in April 2007 testified in the trial against the Colina Military Detachment. Colina members were supposedly paid US$100,000 each to accept the military sentence they received in 1994 for the La Cantuta murders and to not give names of the others who participated in the crime. The military officials who supposedly received this money include: Federico Navarro Pérez, Santiago Martin Rivas and Carlos Pichilingüe Guevara, Jesús Sosa Saavedra, Nelson Carbajal García and Julio Chuqui Aguirre.

3.1.6. Hugo Coral Goycochea

3.1.7. Pedro Atúncar Cama

3.1.8.Pedro Supo Sánchez

3.1.9. Jorge Ortiz Mantas

According to Nakazaki, these witnesses have changed their testimony in order to receive the benefits of a voluntary confession, as stated in Law No. 27278.

 

3.2. The inexistence of doctrine that proves Fujimori was at the head of the military line of command, as the Public Prosecutor has accused.

 

3.3. Lack of authenticity of Informative Memo No. 43/C from the National Intelligence Service (SIN), which supposedly shows that the SIN investigated former military official Mesmer Carlos Talledo, who was a member of Colina. The Court requested for this document to be incorporated as evidence in September.

 

4. Questioning by the Public Prosecutor.  The Public Prosecutor defended the value of Colina members’ testimonies, arguing that given the evidence of the crimes and perpetrators, they confessed their responsibility and told the truth.

5. Questioning by the lawyers for the victims’ relatives.  The lawyers for the victims’ relatives argued that certain Colina members decided to give voluntary confessions only after this became a legal option, which propelled them to come out and tell the truth. Thus there are no legal issues in accepting their testimony.

II. Outside the courtroom

1. Election of Judicial Power President. On Thursday, Dec. 4, Judge Javier Villa Stein was elected as the new president of the Supreme Court and the Judicial Power of Peru. The judge will be in charge of selecting the courtroom of the Supreme Court that will rule on this trial’s appeal.

This selection has generated debate due to several reasons: 1) in 2006, Villa Stein rejected the use of the “vladivideos” as evidence since he considered them prohibited (in this current trial, two “vladivideos” are being used as evidence); 2) the judge considered that the trials against people in Fujimori’s government were a form of political persecution and claimed that Fujimori’s trial has been made political; 3) he has announced his disagreement with the theory of command responsibility, which is the base of the Public Prosecutor’s accusation against Fujimori in this trial.

III. Next session

The trial will recess until Monday, Dec. 15. During the first part of the next session, the admission of evidence will be debated, including videos, audios and which people will be summoned. On Dec. 10, the trial will complete a full year since its start.

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