Fujimori on Trial :: Fujimori procesado

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Defense asks court to annul Fujimori’s sentence and order a retrial

November 24th, 2009 · No Comments

Today, during the second session of the appeal hearing for Alberto Fujimori’s 25-year sentence for rights violations, defense lawyer César Nakazaki asked the court to annul the sentence and order a retrial with an “impartial court.”

Nakazaki accused the Supreme Court’s Special Criminal Court that originally ruled on the former president’s case of being more concerned with destroying his client politically than with administering justice.  With these conditions, he said, his client would never be absolved.

Nakazaki argued that with no legal support or logical reasoning, this court accused Fujimori of having military power when in reality, he had never had military power or command over members of the Armed Forces.

“[Fujimori] had authority, but never command.  This is how it is established by the norms and regulations, but [the court] wants to add that he had command, meaning that he could give direct orders to members of the military and this was not true,” said Nakazaki.  The lawyer added that his client could never have ordered the extrajudicial executions of Barrios Altos and La Cantuta or the kidnap of two citizens, as he has been charged with.

Nakazaki further argued that Fujimori was not responsible for simple kidnapping, as argued by public prosecutor Pablo Sánchez, or aggravated kidnapping as argued by public prosecutor José Peláez.  Rather the kidnappings represented an illegal detention that should be classified as an abuse of authority.

Likewise, Nakazaki concluded that the Special Criminal Court erroneously indicated that murder and damages constituted crimes against humanity.  “Crimes against humanity were incorporated in our legislation in the year 1998 and the acts addressed in the trial occurred in 1992,” he said.

Nakazaki did not deny that the military detachment known as Colina directly perpetrated the Barrios Altos and La Cantuta murders, but he did reiterate that his client could not have ordered the executions.

The defense’s intervention carried out throughout the morning and afternoon, as predicted.

This Wednesday, Nov. 25 will be the last session of the appeal hearing.  Afterward the court will have a maximum of 30 days to decide whether to annul, modify or uphold the appealed sentence.