(Special Criminal Court of Peru’s Supreme Court that condemned Fujimori for human rights violations. Judges from left to right: Víctor Prado, César San Martin and Hugo Príncipe. Photo: Judicial Power)
Before the end of October, the prosecution and defense from former president Alberto Fujimori’s human rights trial must present their arguments in favor of upholding, reducing or annulling his sentence to the Transitory Criminal Court of Peru’s Supreme Court in charge of revising the appeal. On April 7, 2009, Fujimori was found guilty of murder and kidnapping by the Supreme Court’s Special Criminal Court and condemned to 25 years in prison, which was quickly appealed by the former president’s defense team.
Judge Elvia Barrios Alvarado, member of the Transitory Criminal Court, explained that a public hearing will be organized where each of the three parties — the public prosecutor, the lawyers for the victims’ families and Fujimori’s defense team — will orally present their arguments for or against the sentence. She assured that each of these parties will be able to use the time they consider necessary.
After this process, Barrios said the court will have at least 15 work days to deliberate and take a final decision on this case. If they decide to annul the 25-year sentence completely, then a new trial would have to begin from scratch. However, if the sentence is reduced or maintained, this decision will be definitive.
On several occasions this blog has invited Fujimori’s head lawyer, César Nakazaki to explain this appeal process in greater detail, though he has been unavailable to do so to date. Most recently he said he hoped to give an extensive interview by the end of this month.
Meanwhile, Public Prosecutor Avelino Guillén stated that he will argue for the Court to uphold the 25-year sentence since he believes Fujimori’s culpability has been fully demonstrated in the trial.
Judges Julio Biaggi Gómez, Roberto Barandiarán Dempwol, José Neyra Flores and Elvia Barrios Alvarado are members of the Transitory Criminal Court, which is presided by Judge Duberlí Rodríguez.
According to prominent local rights lawyer Ronald Gamarra, who represented the family members of the victims in the trial, a decision from this Court should be issued between November and the beginning of December of this year.