March 23, 2009
One hundred fifty-fifth session – Attorney César Nakazaki continued laying out his closing arguments, in which he maintained that it was the police who solicited the creation of the Analysis Group (which initiated the formation of the Colina Military Detachment). He also claimed that Fujimori’s presidential praise to this Analysis Group was in no way given as political backing for the Colina Detachment.
I. Fujimori’s Defense Arguments
1. The Counter-Terrorism Office (DIRCOTE) requested the creation of the Analysis Group, which then led to the Colina Detachment’s creation.
Nakazaki argued that neither Fujimori nor Vladimiro Montesinos (Fujimori’s former personal advisor) arranged the creation of the Analysis Group (which then later created the Colina Detachment).
According to Fujimori’s attorney, it was the Peruvian Police’s Counter-Terrorism Office (DIRCOTE) that solicited the creation of the Analysis Group. Moreover, he claimed that this group was in charge of analyzing the documents of the Shining Path, which were seized by the PNP in order to draft a report on strategic intelligence.
To confirm this, Nakazaki read part of the testimonies of police officers Héctor Jhon Caro, Benedicto Jiménez and Marco Miyashiro: “They were the ones who asked the SIN to support [them] with strategic intelligence analysts.”
According to Miyashiro’s and Jiménez’s testimonies, this Analysis Group did not contribute to the police’s intelligence report, nor to the police Special Intelligence Group. Additionally, according to testimony, the police force never requested the creation of the Analysis Group.
According to the testimony of journalist Umberto Jara Flores, this Presidential praise was political backing for the formation of the Colina Detachment.
2.1 A favor for one of Montesinos’ relatives
According to Nakazaki, out of the ten military officials that benefited from an official SIN document in which leader Julio Salazar Monroe requested Fujimori’s recognition, six officials did not form part of the Colina Detachment and only four did. Thus Monroe request Fujimori’s praise for the documents the Analysis Group managed to seize from the subversive group Shining Path.
Thus Nakazaki claimed that this request for Fujimori’s praise was done for Montesinos’ personal interest: “It responded to the former advisor’s personal interest to benefit a relative and two people close to him.”
Nakazaki also said that the presidential praise included Luis Cubas Portal (the husband of Montesinos Torres’ sister) and Alberto Pinto Cárdenas, demonstrating that the praise is not related to the Colina Military Detachment since they were not Colina members. Additionally, according to Nakazaki, the Public Prosecutor dropped the charges against Pinto Cárdenas for human rights violations.
However, there is official documentation revealing that Cubas provided logistical material to the Colina Detachment and was made the head of the administrative department of the Army Intelligence Service (SIE) by Montesinos Torres, where war equipment was at his disposal.
Additionally, Alberto Pinto Cardenas was named by Montesinos as the head of the SIE in 1992, and arranged the inclusion of other military officials in the Colina Detachment. Despite what Nakazaki said regarding the supposed acquittal of Pinto Cárdenas, the official is currently serving a sentence of 20 years in prison for the La Cantuta crime and is still on trial for the Barrios Altos crime.
2.2 No connection between praise request and creation of Colina Detachment
According to Nakazaki the administrative process in which the praise was requested started June 20, 1991 and ended two months later on August 16, 1991. However the administrative acts that laid out the formation of the Colina Military Detachment started later, on August 22, 1991, finishing one month later on September 19, 1991. Thus Nakazaki claimed it is illogical “to praise the Colina Detachment before it was created.”
Nevertheless, Nakazaki did not mention that on June 20, 1991 the first request was presented to Fujimori, which was signed on June 25 when the promotions for the Peruvian Army for the next year had already been finalized. There was a second request from the SIN to Fujimori on July 20 insisting that he consider the military officials mentioned for promotions.
3. Nakazaki continues summarizing
As in prior sessions, Attorney Nakazaki used one hour (each session lasts 3 hours) to summarize what he said in the previous session.
II. Next Session
The next court session will be Wednesday, March 25 when Attorney Nakazaki will continue his closing arguments. He should complete his closing statement this week according to the time extension he requested.