Fujimori on Trial :: Fujimori procesado

Accountability in Action :: Rindiendo cuentas

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Military officials were in command of counter-subversive policy when crimes committed, defense says

March 17th, 2009 · 1 Comment

(Defense attorney César Nakazaki. Photo: Judicial Power.) 

March 11, 2009

One hundred and fiftieth session – Attorney César Nakazaki continued with his closing arguments. This session he declared that, at the time of the Barrios Altos and La Cantuta crimes, those that were in charge of the execution of the counter-subversive policy in Peru were: the Joint Command of the Armed Forces, the Peruvian Army, the Navy, and the Air Force.

Additionally, attorney Nakazaki asked for four additional sessions to lay out his closing arguments. Nakazaki had initially asked for eight sessions, which ended today.

I. Fujimori’s defense arguments

Barrios Altos Crime

On November 3rd, 1991 when te Barrios Altos crime was committed, the law of the National Defense System (SDN) — Law 22653 — was in force. This law established that the Council of Ministers had the highest decision making power over the SDN and was responsible for counter-subversive policy.

Thus in the SDN, the Defense Ministry was in charge of formulating and executing counter-subversive policy, not Fujimori: “In November 1991, how could Fujimori order the Barrios Altos killing if the one that formulated, executed and supervised the anti-subversive policy was the Ministry of Defense?”

La Cantuta Crime

In December 1991 Legislative Decree 743 was passed (a new law of the National Defense System), establishing that the Cabinet of the National Defense directed national defense during the time the La Cantuta crime was committed (July 18, 1992.)

Therefore, according to attorney Nakazaki, Fujimori did not have individual duties, but rather he was only part of the National Defense Council. Consequently, he could not dictate Peruvian anti-subversive policy on his own.

Fujimori did not dictate the national defense policy

Between the years 1991 and 1992 (when the crimes of Barrios Altos and La Cantuta were committed), the legislation that was in place did not establish that the role of the President of the Republic was to dictate the National Defense Policy.

According to Fujimori’s attorney, at the time of the Barrios Altos and La Cantuta crimes, those that were in charge of executing the counter-subversive policy in Peru were: the Joint Command of the Armed Forces, the Army, The Military Navy of Peru, and the Peruvian Air Force.

II. Outside the court room

Fujimori’s health

On Thursday, March 12, Fujimori was again admitted to the Institute of Neoplastic Medicine, presumably due to pain and diarrhea that he had been suffering from. Nevertheless, he was released on Friday, March 13.

III. Next Session

The Next trial session will be Monday, March 16 where attorney Nakazaki will continue with his arguments.

At the end of this session, the Court urged Nakazaki to be concise with his closing argument since he has already used the eight sessions initially requested. The Court has been flexible so that the defense is able to develop its arguments, but at the same time, the Court cannot allow excesses.

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