Fujimori on Trial :: Fujimori procesado

Accountability in Action :: Rindiendo cuentas

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Defense says Fujimori did not give orders to military

March 13th, 2009 · No Comments

(Alberto Fujimori, seated during human rights trial. Photo: Praxis.) 

March 9, 2009

151st session. In continuing with his concluding arguments, Alberto Fujimori’s lawyer, César Nakazaki, claimed that when the Barrios Altos and La Cantuta massacres were perpetrated, Fujimori had no position within the Armed Forces and thus did not give them orders. The lawyer also indicated that the Public Prosecutor has altered and reorganized the accusation against Fujimori.

I. Arguments of Fujimori’s defense

As president, Fujimori did not give orders to military officials.

According to Nakazaki, the national constitutions that Peru had from 1823 to 1933 invested the President with the political management of the country and only exceptionally control over the Armed Forces. However, the Constitution of 1979 no longer recognized this second power for the president.

Since the Barrios Altos and La Cantuta crimes were perpetrated while the Constitution of 1979 was still in force, Fujimori did not have legal power to command the Armed Forces as president and thus did not give orders.

Continuing, Nakazaki said that though the Constitution of 1979 designated the president as Supreme Chief of the Armed Forces, this was only a title rather than power to command.

2. Modifications in the accusation: From head of Colina Group to command responsibility

Nakazaki claimed that the accusation against Fujimori has varied since the year 2001, when Congress constitutionally accused him for the crimes in this trial. 

According to Nakazaki, the variations in the accusation were made by Peru’s Attorney General, as well as the Supreme Instruction Committee’s auto apertorio (an order to initiate investigations) in 2001, in which Fujimori is considered co-author for the crime of murder.

Subsequently, in the accusation made by Peru’s Public Prosecutor’s Office in March 2004, Alberto Fujimori and Vladimiro Montesinos were considered the heads of the Colina Detachment. However, the Chilean Supreme Court stated in Fujimori’s extradition sentence from September 2007 that Fujimori should be tried for command responsibility.

Finally, Nakazaki claimed that the Public Prosecutor’s Office radically changed its accusation between sessions 135 and 140 of the current trial, signaling that Fujimori “gave a verbal order for dirty war methods to be applied and had control and domain over the National Intelligence Service.”

II. Next session

The next session has been scheduled for Wednesday, Mar. 11, when Nakazaki will continue final arguments. Afterwards, the Court will permit Fujimori to speak. Fujimori has already request two hours of two sessions to present his own arguments. After a five-day recess, the Court will issue the initial sentence.

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