Fujimori on Trial :: Fujimori procesado

Accountability in Action :: Rindiendo cuentas

Fujimori on Trial :: Fujimori procesado random header image

Fujimori unaware of crimes committed by military, defense says

April 3rd, 2009 · No Comments

(Fujimori enters courtroom. Photo: Judicial Power) 

March 30, 2009

One hundred fifty-eighth session.  Attorney César Nakazaki finished his concluding arguments in Fujimori’s defense.  He stated that during the entire trial no connection between the Colina Military Detachment and Fujimori has been proven.  Thus, Fujimori was unaware of the crimes the military officials committed as well as the fact that the Amnesty Law approved by Congress would exonerate them from trials for human rights violations.

I.             Arguments of Fujimori’s defense


Punishable means have not been proven

Nakazaki claimed that the Public Prosecutor has not proven the punishable means that Fujimori has been accused of using in order to commit and cover up the Barrios Altos and La Cantuta crimes.  Nakazaki also argued it was never proven that Fujimori ordered his former advisor, Vladimiro Nakazaki, to apply dirty war methods through an organized power structure, whose right arm was the Colina detachment.

The lawyer also said that no relation between Fujimori and the Colina detachment has been made, nor that this relation was executed through the National Intelligence System (SINA) or National Intelligence Service (SIN).

Fujimori was not guarantor of military officials’ actions

According to Nakazaki, while Fujimori was president he did not act as guarantor of fulfilled government directives, nor of military officials’ actions, nor reports on human rights violations nor any press information.

Amnesty Law not a cover up

Nakazaki also claimed that the Amnesty Law was not used to protect the direct authors of the Barrios Altos and La Cantuta crimes, since this law was made by Congress, not by Fujimori.  The Amnesty Law, No. 26478, issued on June 14, 1995, acquitted all members of the Armed Forces, national police force, and civilians who had been accused, investigated or condemned for human rights violations, shelving the judicial proceedings against them.

Nakazaki further argued that the defendant never knew that the military officials perpetrated these crimes, nor how this law benefited them by exonerating them from a criminal trial.

II. Outside the courtroom

Next trial against Fujimori

According to what the Court has established, the following trial against Fujimori will be for the case of the 15 million dollar “compensation for services” paid to Vladimiro Montesinos.

III. Next session

The next session will take place on Wednesday, April 1, where Fujimori will speak in his defense.  This will continue for the session scheduled for April 3.  These two sessions were requested by Fujimori’s defense so that the defendant could speak in his own defense.  Once these have concluded, the Court will fix a date to read the sentence.


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