December 22, 2008
One hundred thirty-second session. The trial continued the process of recognizing audios and videos presented by the prosecution and defense. All of those who were in the audios and videos recognized themselves or their voice, including Fujimori as well as the following witnesses who were present during this session:
· Luisa María Cuculiza Torre, current pro-Fujimori congresswoman and Women’s Affairs Minister during Fujimori’s government.
· Juan Briones Dávila, former military official, condemned in November 2007 to ten years in prison for the April 5, 1992 coup d’état.
· Nicolás de Bari Hermoza Ríos, former chief of Peru’s Joint Command of the Armed Forces during Fujimori’s government, currently tried for corruption and human rights violations. Hermoza testified before the Judicial Power in 2001 that Vladimiro Montesinos told him Fujimori was aware of the Barrios Altos and La Cantuta crimes. However, since Hermoza’s lawyer, César Nakazaki, has been representing former President Fujimori in recent years, this version has changed.
I. Recognition of audios and videos
1. First video: “vladivideo” 880. The video, presented by the Public Prosecutor’s Office, shows a conversation during a meeting in the National Intelligence Service (SIN) building between Vladimiro Montesinos, Luisa María Cuculiza and Juan Briones, who are later joined by Alberto Fujimori.
1.1. Cuculiza. The congresswoman recognized her voice, image and the content of the conversation and added that the conversation lasted two hours.
1.2. Briones. The former military official recognized his voice, image and words. However he indicated that part of the video — when Montesinos makes a reference to where the orders for Barrios Altos and La Cantuta originated — was manipulated. Briones claimed that in the original conversation, Montesinos says the orders came from the SIN, but in the manipulated version, Montesinos says “the orders come from here,” indicating Fujimori’s chair, implying that the orders came from the president.
1.3. Public Prosecutor’s Office. According to the Public Prosecutor, this video proves Fujimori’s responsibility in decisions made regarding counter-subversive policies, including the Barrios Altos and La Cantuta operations.
1.4. Lawyer for the victims’ families. Lawyer Carlos Rivera Paz claimed this video proves Montesinos’ recognition of Fujimori’s responsibility in the Barrios Altos and La Cantuta crimes.
1.5. Fujimori’s defense. According to Nakazaki, this video is irrelevant since it has been edited and is not original, and thus lacks evidential value.
2. Fragments of two conversations on Nov. 13, 1993 during an attempt to overthrow Fujimori:
· Between Montesinos and Hermoza Ríos.
· Between Montesinos and Fujimori.
2.1. Hermoza Ríos. The former military general recognized his voice and the validity of the conversations and added that Montesinos intercepted, edited and distributed these audios among the press.
2.2. Public Prosecutor’s Office. According to the Public Prosecutor, this audio proves that the first links in the chain of command for human rights violations were Montesinos, Hermoza Ríos and Fujimori.
2.3. Fujimori’s defense. Nakazaki claimed this audio should be considered leading since it was obtained illegally and thus lacks evidential value. He also added that the audio’s content does not address the issues in the Public Prosecutor’s accusation.
3. Fragments from other videos and audios:
· Press conference given by Fujimori after Operation “Mudanza” (Move) in May 1992 — one month after the coup d’état on April 5 — which quashed a mutiny in the Miguel Casto Castro prison.
· Several pieces of interviews in which Fujimori accuses businessman Samuel Dyer of trafficking drugs.
· Interview in November 1993 when Fujimori announces the arrest of military official Santiago Martin Rivas;
· Interview in which Fujimori says he ordered Montesinos to initiate the Operation Chavín de Huántar.
· Radio interview with Fujimori in May 2000.
· Montesinos’ declaration on television channel Telemundo, given while Fujimori was a fugitive in Japan: “Mr. Fujimori, I think the time has come that you should return to the country to answer for your acts.”
3.1. Fujimori. The former president recognized his voice in the audio and videos shown; however, he indicated that his accusation against Dyer was in response to what his cabinet ministers had informed him, which he cannot recall now. He also said he did not participate in crushing the mutiny in the Castro Castro prison.
II. Next session
The next session will take place on Wednesday, Dec. 24, only in the morning.