Peru’s Constitutional Court orders the release of former President Fujimori

He Constitutional Court of Peru This Tuesday he ordered the release of former president Alberto Fujimori, also all the Inter-American Court of Human Rights (IDH Court) ruled the opposite last year.

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“This Constitutional Court orders that the National Penitentiary Institute (INPE) and the Director of the Barbadillo Prison (where he is imprisoned) order the immediate release of the beneficiary person on the same day, Alberto Fujimorireads a statement from the TC.

The resolution, which was signed by three of the current six members of the TC, with the casting vote of the organization’s president, Francisco Morales, stated that “the call for reconsideration was founded on the end of the direct and immediate implementation of the TC. judgment of March 12 last year, relapse in the current trial”.

Last Friday, a court in the southern region of Ica declared inadmissible an initial Constitutional Court resolution that reinstated the pardon policy. Fujimori and sent the case back to the TC.

Supreme Court President Francisco Morales had declared that authorities should “proceed to the immediate release” of Fujimori, in violation of two Inter-American Court resolutions.

“We must continue to comply with the previous sentence,” Morales stated as he clarified a TC order that declared inadmissible a Justice Department consultation on the then-president’s pardon granted to Fujimori in 2017 . Pedro Pablo Kuczynski and that had given rise to different interpretations.

In this sense, the resolution issued by the TC on Tuesday also called “serious attention” to the judge of Ica and urged him to “exercise greater diligence and diligence in the discharge of his functions in executing the judgments granting habeas corpus approve”.

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The pardon, granted to Fujimori on December 24, 2017, had already been annulled by the judiciary in 2018, after the Inter-American Court asked the Peruvian state to guarantee justice for the victims of the Barrios Altos and La massacres Cantuta. , the cases for which Fujimori He was sentenced to 25 years in prison.

Last week, hours before the Ica judge’s ruling, the Inter-American Commission on Human Rights (IACHR) expressed concern about the possibility that the TC’s resolution would lead to Fujimori’s release.

The organization recalled that on April 7, 2022, it “identified the reasons why the State should refrain from granting pardons ‘on humanitarian grounds’ in accordance with the inter-American standards established in the Monitoring Resolutions of the Barrios Altos cases and La Cantuta.” .

For its part, the Inter-American Court has asked the Peruvian government to send it a report on compliance with what was ordered in its resolution last year.

In this regard, the TC expressed itself last Tuesday in its resolution “on the lack of jurisdiction of the Inter-American Court of Human Rights in the field of enforcement of penalties, to determine the impracticability of a penalty.”

After pointing out that “it is indisputable” that “there is an obligation on the State to comply” with the decisions of the Inter-American Court, he opined that it should refer any non-compliance to the General Assembly of the Court. Organization of American States (OAS) “the cases in which a state has not complied with its rulings.”

According to the analysis of the signatory magistrates, for this reason “it is beyond its jurisdiction (of the Inter-American Court) to order a State, when monitoring compliance with a judgment, not to enforce a judgment of a national court to implement.”

“Due to this lack of jurisdiction of the Inter-American Court of Human Rights to directly order the non-execution of a judicial decision in the context of the supervision of the enforcement of penalties, this Court has ordered the execution of his sentence of December 17 ordered. March 2022,” he noted.

Source: El heraldo