Fujimori on Trial :: Fujimori procesado

Accountability in Action :: Rindiendo cuentas

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Public Prosecutor reiterates request for 30-year prison sentence

February 3rd, 2009 · No Comments

(Lawyers for the families of the Barrios Altos and La Cantuta victims. Photo: Judicial Power)

January 28, 2009

One hundred fortieth session. The Public Prosecutor’s Office finished presenting final arguments for this trial, reiterating its request for 30 years of prison and a reparation of 100,600,000 Peruvian soles (just over US$32 million) to victims — 100 million soles ($32 million) for the victims of Barrios Altos and La Cantuta, and 300,000 soles (nearly $96,000) each for kidnap victims Gustavo Gorriti and Samuel Dyer.

I. Public Prosecutor’s arguments

There are no extenuating circumstances if there are aggravating circumstances

According to the Public Prosecutor, the crimes Fujimori is accused of are extremely serious:

1.First-degree murder

2.Grave damages

3.Kidnap

 

The Public Prosecutor argued that in accordance with Peruvian laws, there are no extenuating circumstances in this case, but rather aggravating circumstances since the defendant, Fujimori, was the nation’s president and thus in a position of power over the crimes committed.

 

The Public Prosecutor also requested for the Court to ratify the payment of a civil reparation of 100 million soles ($32 million) to the Barrios Altos and La Cantuta victims’ families and 300,000 soles (nearly $96,000) each to kidnap victims Gorriti and Dyer.

Aggravating circumstances

The Public Prosecutor’s thesis considers the April 5, 1992 coup d’état one of the aggravating circumstances since at this time the “power system” was consolidated, which was used to develop an illegal parallel strategy of employing dirty war methods in counter-subversive efforts.

 

Another cause for the coup d’état, according to the Public Prosecutor, was the Barrios Altos crime since the press began to publicize evidence that the perpetrators were members of the Peruvian armed forces.

The Public Prosecutor also explained in detail that the 1992 coup was planned beforehand, giving the example of how Fujimori and some of his cabinet ministers initiated a campaign to discredit Congress, the Judiciary, the Comptroller General’s Office, the Constitutional Court and other government bodies in order to justify the coup.

Subsequently, the Public Prosecutor made the legal arguments explaining why Fujimori is guilty of first-degree murder, grave damages and kidnap.

Justice according to law is not vengeance

The Public Prosecutor then insisted that the evidence presented in this trial proves Fujimori should be condemned — not as an act of vengeance, but in accordance with Peruvian legislation.

New investigations

The Public Prosecutor’s Office requested copies of procedural documents from the Court since new evidence on other implicated persons’ supposed crimes has been introduced into the trial, such as:

 

· Nicolás de Bari Hermoza Ríos (former chief of the Armed Forces) and Alberto Pinto Cárdenas (former chief of the Army Intelligence Service) for the kidnap of journalist Gustavo Gorriti

· Willy Alberto Chirinos Chirinos for false testimony

· Hermoza Ríos for treason, since in this trial he admitted his participation in the April 5, 1992 coup d’état

 

II. Outside the courtroom

New trial

In order to start a new trial against Fujimori, apart from those approved by Chile’s Supreme Court, the Peruvian Judicial Power must request authorization from Chile’s judiciary.

 Thus Peru’s Second Anti-Corruption Court will evaluate the request of the Public Prosecutor’s Office to add a trial against Fujimori for the case of the presumed sale of 10,000 rifles to the Revolutionary Armed Forces of Colombia (FARC) in 1999.

If this trial is approved by the Peruvian and Chilean judicial powers, Fujimori will be tried for violating another country’s sovereignty (Peruvian Criminal Code, article 337), illegal arms trafficking and illicit association for criminal purposes.

Fujimori’s daughter talks about possible presidential candidacy

“It would be an honor for me to reach such a high responsibility in my country; however, I still haven’t announced my candidacy for president,” said Keiko Fujimori, member of Peruvian daughter of Alberto Fujimori’s. In June 2008, Keiko announced that if elected president, she would not hesitate to pardon her father, releasing him from his prison sentence. She has also criticized the work of the Public Prosecutor’s Office, as previously mentioned on fujimoriontrial.org.

Pro-Fujimori Congressman Alejando Aguinaga, who is vice president of Congress, has also declared that the Judicial Power should absolve former President Fujimori.

III. Next session  

The Court adjourned today’s session until Monday, Feb. 2 when the lawyers for the victims’ families will present their final arguments. Carlos Rivera, one of the lawyers for the victims’ families, said they will take no less than three trial sessions to present their arguments, which include 18 issues. 

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