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In the Final Appeal, the Supreme Court Ratifies Alberto Fujimori’s 25-year Sentence

January 4th, 2010 · No Comments

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After several months analyzing and deliberating on the 25-year sentence which a first instance court issued against former president Alberto Fujimori for human rights violations, on Saturday night, 2 January 2010, the Peruvian Supreme Court’s Transitory Criminal Court unanimously confirmed this sentence, thus ending the former president’s long trial in the judicial arena.

This court confirmed that Fujimori is guilty of crimes against humanity (aggravated homicide and serious damages) against 25 people in a Barrios Altos tenement building and the Enrique Guzman y Valle University (La Cantuta), and the aggravated kidnapping of journalist Gustavo Gorriti and businessperson Samuel Dyer in Army Intelligence Service installations. These actions were perpetrated between 1991 and 1992 during Fujimori’s first term.

With regards to the kidnapping of Gorriti and Dyer, with a four to one majority, the ruling ratified it was aggravated kidnapping, as was established in the first instance sentence. The dissenting vote stated— in agreement with the Public Prosecutor’s position—that simple kidnapping occurred since no cruel treatment against these people took place.

The Court was presided over by senior magistrate Duberli Rodriguez Tineo and the judges Julio Biaggi Gomez, Elvia Barrios Alvarado, Roberto Barandiaran Dempwolf, and Jose Neyra Flores.

 

Indemnity ?The magistrates also unanimously ratified that Fujimori should pay the total amount of S/. 62,400 to each of the victims of the assassination for material damage. The money will be divided proportionally between each victim.

In the case of Gustavo Gorriti and Samuel Dyer, Fujimori should pay each of them S/. 46,800 for damages. 

As will be remembered, the Special Criminal Court of the Peruvian Supreme Court of Justice sentenced the former president was sentenced to 25-years imprisonment on 7 April 2009, after a public trial that extended over 16 months with a total of 160 court hearings.

Doctor Cesar San Martin Castro presided over this first instance court with senior judges Victor Prado Saldarriaga and Hugo Principe Trujillo. ?The verdict given in the final instance of the Peruvian Supreme Court’s Transitory Criminal Court is definitive and cannot be appealed. It has thus become a historic sentence in Peru.

The reactions by Fujimori’s defense were expected. The lawyer Cesar Nakazaki said that the Peruvian Judicial Branch has orders to politically destroy his client and used its judicial rulings to do so. He forewarned that “one isn´t going to stand with one’s arms crossed” and that they will evaluate which actions will be taken in the future.

Similar to the human rights organizations, Nakazaki anticipates press conferences in the next few days where further details on his position regarding this verdict will be presented.

Meanwhile, the former president will continue spending his days in the prison especially habituated for him in the headquarters of the National Police’s Special Operations Directorate. Some people have stated that in recent days his health has deteriorated. Nonetheless, the National Penitentiary Institute (INPE), which is in charge of his security and custody, has not issued statements on the issue.

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