The Peruvian Constitutional Court orders the immediate release of Alberto Fujimori

The Peruvian Constitutional Court ordered this Tuesday the release of former President Alberto Fujimori (1990-2000), although this was the case The Inter-American Court of Human Rights (IDC) ruled otherwise. last year.

“This Constitutional Court orders that the National Penitentiary Institute (INPE) and the director of the Barbadillo prison (where he remains incarcerated) enter into an agreement on the same day the immediate freedom of the beneficiaryAlberto Fujimori,” reads a TC order.

The resolution signed by 3 of the current 6 members of the TCWith the casting vote of the organization’s president, Francisco Morales, he declared: “The call for reconsideration, which was justified in the extreme case of the direct and immediate execution of the judgment of March 12, has been abandoned in the present proceedings.”

Last Friday, a court in the southern region of Ica declared the application inadmissible an initial decision by the Constitutional Court that restored Fujimori’s pardon and returned the case to the TC.

The president of the highest court, Francisco Morales, had said that the authorities should do so “Proceed to Immediate Release” by Fujimoriagainst two resolutions of the Inter-American Court.

“The previous sentence must be carried out”Morales explained as he clarified a resolution of the TC that declared inadmissible a consultation of the Ministry of Justice on the pardon granted to Fujimori in 2017 by then-President Pedro Pablo Kuczynski, which had given rise to different interpretations.

The resolution issued by the TC this Tuesday also called for this “paid great attention to the judge of Ica” and urged him “to show more diligence and zeal in the discharge of his duties.” at the time of execution of the judgments authorizing habeas corpus.”

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

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Last week, hours before the ICA judge’s decision, the Inter-American Commission on Human Rights (IACHR) commented. their concern about the possibility that the dissolution of the TC led to Fujimori’s release.

The organization reminded of this on April 7, 2022 “established the reasons why the state should refrain from issuing a pardon “for humanitarian reasons” in accordance with the inter-American standards established in the surveillance decisions of the Barrios Altos and La Cantuta cases.”

On his part The Inter-American Court asked the Peruvian government to send it a report on compliance with what was ordered in its decision last year.

In this regard, the TC commented in its resolution of Tuesday “on the lack of jurisdiction of the Inter-American Court of Human Rights in matters”. Compliance with sentences to ensure that a sentence is not enforceable“.

After I pointed it out “There is no objection” to the fact that “there is an obligation on the part of the state to comply” With the decisions of the Inter-American Court, he concluded that he would have to refer any non-compliance to the General Assembly of the Organization of American States (OAS) “in cases where a State has not complied with its decisions”.

For this reason, according to the analysis of the undersigned judges “It is beyond its jurisdiction (the Inter-American Court) to issue orders to a stateunder supervision of compliance with a sentence, not to enforce a sentence of a national court”.

Due to this lack of jurisdiction of the Inter-American Court of Human Rights “In order to directly order the non-execution of a court decision as part of monitoring compliance with judgments, this court ordered the enforcement of its judgment of March 17, 2022,” he noted.

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