Fujimori on Trial :: Fujimori procesado

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New Turn in the Fujimori Case

June 13th, 2009 · No Comments

A new turn has stalled the recusation process that Alberto Fujimori’s lawyer initiated in attempts to remove the justices of the Supreme Court’s Special Criminal Division from Fujimori’s case due to their supposed partiality.  In the coming weeks, proceedings against the former president will begin for allegedly paying Montesinos US$15 million in the year 2000.

The recusal has been resolved by a Supreme Tribunal, which decided that justice Hugo Príncipe will not participate in the trial. The Tribunal ruled that Príncipe’s impartiality in Fujimori’s case may be compromised since he already ruled on a trial against ex-ministers of state regarding this same case.

The Tribunal also resolved that the justices César san Martín and Víctor Prado were perfectly able to try the former head of state in the new trial.

In order to start next trial, another judge would need to be chosen to replace Príncipe.

This process has been stalled, however, since Fujimori’s attorney appealed the Tribunal’s decision, arguing that all three justices should be removed rather than just Príncipe. 

The Supreme Peruvian Public Prosecutor also appealed the Tribunal’s decision, arguing that Príncipe should not be replaced in the coming trial against Fujimori.

Now, the Supreme Court’s First Transient Criminal Court will hold an extraordinary hearing, known as the “causation hearing,” where both the Public Prosecutor and Fujimori’s defense attorney will argue their sides.

After this hearing the Court will have to make a final decision. The Court could confirm the decision to remove only Príncipe from Fujimori’s new trial, reject this decision or even rule that all three justices be removed from the trial. For this reason the Court’s decision will be extremely important in the coming weeks.

If the Court decides to remove all the justices, it will likely imply that these justices were biased in the first trial against Fujimori for human rights violations, in which he was sentenced to 25 years in prison.