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Interview with Ronald Gamarra: Fujimori appeal could resolve itself in a more political rather than judicial context

July 13th, 2009 · 3 Comments

(Ronald Gamarra in Alberto Fujimori’s human rights trial. Photo: Judicial Power) 

Ronald Gamarra Herrera is the executive secretary of the National Human Rights Coordinator in Peru. He brings together many organizations dedicated to defending the lives, the fundamental rights and criminal court processes of those accused of atrocious crimes. During Alberto Fujimori’s trial he integrated the staff of civil lawyers and defended the right of the relatives of the victims assassinated in Barrios Altos and La Cantuta to find justice. Before, he was the anticorruption solicitor and investigated at length Fujimori’s acts and those of politicians who were part of Fujimori’s government. He’s been criticized by many and admired by others, his commentary always has a certain amount of controversy.

Are you confident that the Supreme Court will ratify the sentence that condemns Alberto Fujimori to 25 years in prison, or are you afraid that they might annul it and everything will have to start over again?

I am confident in the strength of the Public Prosecutor’s arguments, and on the civil side, in the strength and severity of the sentence passed down by the Special Criminal Court over which César San Martín presides. As far as the Supreme Court goes, we will see what happens. Fujimori’s trial and sentence developed in a more legal than political context, however now I believe that we run the risk that this next review will happen in a more political rather than judicial context. Let’s hope that doesn’t happen.

Do you doubt that the Supreme Court Justices can resolve this issue in the proceedings?

Well, we’ll have to see. I believe that they will have to present the arguments and know how they will resolve this issue.

I noticed that you are unsure of the proceeding…

Well, it’s that this isn’t the court of Dr. César San Martín, who on a personal level gave me complete security from the beginning. I prefer now to give the arguments of the case and leave the court in charge of resolving the appeal.

Do you believe that Fujimori’s defense will continue trying to delay the decision?

Yes. I believe that they want to bring this subject through to the time of the 2011 elections. Fujimori wants to be in a more political setting. And I believe that now, unfortunately, my very good friend Dr. César Nakazaki, who is Fujimori’s lawyer, only expresses the requirements of the politics of fujimorismo. Fujimori doesn’t want justice, he knows that it doesn’t benefit him to go to court right now, and Dr. Nakazaki facilitates this desire for him in the legal world. This is why he recused all of the judges. I feel bad for Dr. Nakazaki, but what we are seeing now is not the same Dr. Nakazaki that we knew before. Before, he faced the legal questions and got to the bottom of the issue. I don’t deny the possibility of seeing him as part of the fujimorista faction in Congress.

What is the position of the National Coordinator of Human Rights in the new trial that begins on Monday July 13, for Fujimori giving $15 million dollars to Vladimiro Montesinos?

The first thing that I want to say is that the corruption was an unfortunate reality in Alberto Fujimori’s government. He is not only the creator of human rights violations but also of grave acts of corruption.  In the trial for giving $15 million to Montesions, for us his responsibility is absolutely clear. I believe that this new trial will not last very long, Fujimori himself knows he is lost in this cause.

The strategy of the defense is to say that Fujimori returned this money and so there wasn’t any damage to the State. What do you think about this?

For us, the accusation is clear, and I don’t’ think that this is a good argument for Fujimori. Accepting this strategy would be like saying that there  is no crime if someone robs someone else in the street and then later returns what they stole to the victim. The crime has been committed. Period.

You have investigated Fujimori and reviewed the information from the Public Prosecutor regarding his case, can you say from where he returned the $15 million that he took from the State to give to Montesinos?

This is a subject that resolves itself with the results of other investigations where it has been clear that Fujimori diverted funds to the National Intelligence Service and also, evidentially, to his own pockets.

There are people that think that the National Coordinator of Human Rights and you act with the spirit of revenge and cruelty against Fujimori. How do you respond to this?

There has not been hate, or revenge, or cruelty in Fujimori’s trial. What there has been is justice. Period. We are not happy for the pain of a man, nor of what tragedy his family is going through. But yes it is comforting to know that justice has been served and that the victims, after so many years, can rest in peace.

 

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3 responses so far ↓

  • 1 aldo // Jul 14, 2009 at 5:28 pm

    La sentencia esta cantada, los jueces caviares guiados por los caviares internacionales nuevamente arman circo para denostar del mejor presidente del Peru.
    Arman un tinglado de un dinero, que jamas se perdio y que centavo a centavo, esta en las arcas del estado.
    Un sol de perdio?
    Un sol se robó Fujimori??
    No se perdio ni un solo sol !!!!!!!!!!
    Pero claro, Fujimori es el culpable ¿ de que ?. De nada.

  • 2 Yoselyn Boso // Aug 13, 2009 at 5:04 pm

    Is Alberto Fujimori victim of hate? I think, Yes he is. In the point of racial view, people hate him for the single reason that he is no white although he achieved more than others white politicians or experts in matter of terrorism and they can not forgive him, that he, as a simple person could defeat terrorism and bring prosperity to his country, without intervention of UN, United States or their military ocupation. What happen was that A.F.F as President of Peru implemented laws to our constitution to face terrorism. And Peruvians know the storie better, but the transition from the 8O’s of brutal human rights violations to the 9O’s of restauring Human Rights for Peruvians all including the offernders convicted criminals as for confused citizens that though only violence will bring justice, You know Peruvians showed them wrong. And Fujimori is a victim of Hate because being innocent he was convicted with no proof of being guilty, no one direct testimony, no one witness, and no one story that will make sense. the worst of all is tha the new world order is pushing us to the edge of no trusting to our justice sistem at all.

  • 3 pedro calvay torres // Aug 21, 2009 at 3:14 pm

    BUENO ALDO QUE PENA QUE OPINES ESO PARECE QUE LOS VLADIVIDEOS NO EXISTIERON PARA TI, Y CLARO , FUJIMORI NO SABIA NADA DE ESO PORQUE ESTABA OCUPADO SOLUCIONANDO LOS PROBLEMAS DEL PAIS , PERDONAME QUE ME SONRIA PERO ES POCO CREIBLE AFIRMAR QUE PESE A LA PROFUNDA INFLUENCIA DE VMT LAS MAS ALTAS ESFERAS POLITICAS DEL PAIS, AFF NO HAYA SABIDO NADA AL RESPECTO, ESO ES BASTANTE IMPROBABLE, PUES MUCHISIMAS AUTORIDADES FUERON CORROMPIDAS POR VMT , INCLUSO LAS MISMAS PERSONAS DE SU PARTIDO PERU 2000, LAS CUALES SE REUNIERON EN MAS DE UNA OPORTUNIDA DE CON VMT( SEGUN CONSTA EN LOS VLADIVIDEOS).
    UNA VEZ MAS INVOCO A LA MEMORIA Y NO AL OLVIDO , NO UNA MEMORIA BUSCANDO EL RESENTIMIENTO NI LA VENGANZA PERO SI RECORDAR PARA NO COMETER LOS MISMOS ERRORES. EL PERU SE MERECE ALGO MEJOR QUE POLITICOS CON UN PASADO DUDOSO, EL PERU NECESITA POLITICOS CON MANOS LIMPIAS , PREPARADOS ACADEMICAMENTE Y VOLUNTAD DE CAMBIAR EL PAIS.

    ATENTAMENTE

    P.CALVAY TORRES

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