The Inter-American Court of Human Rights (IDC Court) declared this Thursday the Peruvian State in contempt for the release of former president Alberto Fujimori (1990-2000), contrary to what the international court had ordered as part of compliance with the sentences in the cases of the La Cantuta and Barrios Altos massacres.
The Inter-American Court declared the contempt “because (the State) executed the sentence issued by the Constitutional Court of Peru on March 17, 2022, which restored the effects of the pardon 'for humanitarian reasons' granted on December 24, 2017 by the President of the Republic to Alberto Fujimori.
All this “despite the fact that the Court had ordered that it should 'refrain from implementing (it)' because the standards of international law that should be taken into account when carrying out jurisdictional control of said pardon were not observed.”
The Inter-American Court specified that Peru “has incurred in contempt” of the resolution of urgent measures issued on December 5 that required the State to refrain from releasing Fujimori, as well as the resolutions to supervise compliance with the sentence of May 30. of 2018 and April 7, 2022, which ordered the same.
(You may be interested in: Why was Alberto Fujimori released from prison? Keys to the judicial decision in Peru)
“The action of the State to execute the release of Alberto Fujimori without this Court being able to previously receive all the information and adequately evaluate the substance of the request for provisional measures, It constituted an obvious and serious disregard for what was ordered in the Resolution adopting urgent measures of December 5, 2023 and, in general, for the binding nature of the decisions of this Court, contrary to the international principle of abiding by its conventional obligations in good faith,” evaluated the members of the inter-American court.
“With that, “a serious impact materialized on the right to access to justice of the victims of these cases,” they add.
The Inter-American Court also refers to the three members of the Constitutional Court who on December 4 approved the resolution that allowed the execution of Fujimori's release and warned that they did not issue an independent resolution to that of March 2022 in which it was assessed. the pardon, its necessity or its proportionality to the execution of the former president's sentence.
(Keep reading: Keiko and Kenji Fujimori thank former President Kuczynski for pardoning their father)
“The decision of these three judges of the Constitutional Court was aimed at upholding the legal validity and final nature of the ruling of March 17, 2022, giving it legal effects, in contradiction with the provisions of the Inter-American Court,” the judges acknowledge.
This caused the court to rule that it is not up to the TC to establish the scope of the resolutions of the Inter-American Court. since the Peruvian State is obliged to comply with them when ratifying the American Convention.
The Peruvian State's contempt of the court will be reported to the General Assembly of the Organization of American States (OAS) in the annual report of the Inter-American Court for 2023.
The Inter-American Court also ordered the State to present, no later than March 4, 2024, a report on compliance with the obligation to investigate, prosecute and, if applicable, punish the serious violations of human rights determined in the sentences. issued in the Barrios Altos case and in the La Cantuta case.
The State must continue to present reports every three months, for as long as the Court considers necessary.
Fujimori, 85 years old and serving a 25-year prison sentence, was released from prison on December 6 in compliance with an order from the Constitutional Court, despite the fact that the Inter-American Court asked the authorities of the Andean country to refrain from doing so in order to guarantee justice for the victims of human rights violations in the La Cantuta and Barrios cases. High.
Peru is the second country that the Inter-American Court has declared in contempt in recent years. The other is Nicaragua after it did not respond to numerous communications from the court and did not comply with a series of protection measures in favor of dozens of citizens persecuted or considered political prisoners of the Government of Daniel Ortega.
On December 7, the Center for Justice and International Law (Cejil), an organization that represents victims of human rights violations in La Cantuta and Barrios Altos, He asked the Inter-American Court to declare Peru in contempt and to call a hearing for the State to provide explanations.
The Government of Peru, hours after Fujimori's release, issued a brief message through the Foreign Minister, Javier González-Olaechea, and the Minister of Justice, Eduardo Arana, in which it ratified its adherence to the American Convention on Human Rights ( known as the Pact of San José), and indicated that he had complied with a ruling from the Constitutional Court.
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