Fujimori on Trial :: Fujimori procesado

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Public Prosecutor argues command responsibility

January 23rd, 2009 · 5 Comments

(Foto: Praxis)

January 14, 2009

One hundred thirty-sixth session. Public Prosecutor Avelino Guillén continued with final arguments, asserting that Alberto Fujimori was the creator and leader of a power system that combated subversive groups with dirty war methods through the National Intelligence Service (SIN), an official body.

I. Arguments of the Public Prosecutor’s Office:

1. Power system

According to the Public Prosecutor, “Fujimori built this power system, based in the SIN, had control and command over it, ensuring criminal results of eliminating and killing supposed terrorists… Alberto Fujimori not only had power to give orders but also had control over the damaging results.”

In this way, the Guillén established that “the order was carried out persistently and the results are Barrios Altos and La Cantuta.” He further argued that this order was given directly by Fujimori and that dirty war methods were applied beginning in 1991 in accordance with a structured plan that was executed through the Colina Military Detachment.

The Public Prosecutor also mentioned the participation of the following in this plan:

1.1.  Julio Salazar Monroe, former SIN chief, sentenced to 35 years in prison for the La Cantuta crime, who is represented by the same lawyer as Alberto Fujimori.

1.2.  Nicolás de Bari  Hermoza Ríos, former chief of the Joint Command of the Armed Forces, currently tried for human rights violations, also represented by the same lawyer as Alberto Fujimori.

1.3.  Juan Nolberto Rivero Lazo, former head of the Army Intelligence Office (DINTE).

The Public Prosecutor argued that each of these men took advantage of their government positions so that the Colina Military Detachment could commit crimes and the power system could fulfill its goals and objectives. He also said the power system was created in order to protect the person who gave orders (Alberto Fujimori): “the orders were verbal, there are no written orders for the execution of a specific act.”

2. Former presidential advisor Vladimiro Montesinos

Regarding Vladimiro Montesinos and his position in the power system, the Public Prosecutor said that he not only delivered the orders given by Fujimori, but also personally saw that these were fulfilled, therefore making him Colina’s “right arm.”

3. Fujimori’s command responsibility

Consequently, the Public Prosecutor developed his arguments according to Peruvian and international doctrine and jurisprudence regarding Fujimori’s command responsibility in the Barrios Altos and La Cantuta crimes as well as the kidnappings in the Army Intelligence Office buildings.

Guillén also referred to the sentence issued by the Judicial Power against the head of subversive group Shining Path and against former Gen. Julio Salazar Monroe.

II. Next session  

The next session will take place on Jan. 19.