Lima, Nov 29 (EFE).- Lawyer Carlos Rivera, defender of the relatives of the victims of the massacres for which former Peruvian president Alberto Fujimori (1990-2000) was convicted, announced this Wednesday that he will go to the Inter-American Court of Human Rights (IDH Court) if the release of the former president is ordered.
“We have been in some way coordinating (this issue) in light of the news of the Constitutional Court’s resolution,” Rivera informed EFE, after a clarification order from the TC was known that opens up that possibility.
This Tuesday it was revealed that the TC declared inadmissible a request for clarification from the Ministry of Justice regarding the pardon granted to Fujimori in 2017 by the then president Pedro Pablo Kuczynski, and sent the proceedings to the judge executing a habeas corpus presented in the southern city. of Ica in favor of the former ruler.
Rivera specified that the eventual request for a ruling from the Inter-American Court will depend “on the decision made by the criminal judge of Ica” and maintained that “Fujimori’s defense attempts to interpret it under terms that the resolution” of the TC does not say.
“Evidently, we are facing a political move that tries to remove Fujimori through the wrong door, not on the basis of a ruling from the Constitutional Court that has not only been questioned but, at the time, the Constitutional Court itself decided to abide by the resolution of the Inter-American Court that ruled that Fujimori could not be released,” he said.
Rivera considered that the TC “has issued an absolutely ambiguous resolution” that “seems to suggest to the judge that he do something that they themselves do not want to write and place.”
“We are going to see if today there is some type of decision in the preparatory investigation court of Ica. Obviously the path that we will automatically take is to request a new compliance supervision process from the Inter-American Court,” he reiterated.
He noted that, if this is done, “the Court will issue a ratification of what was its decision last year,” when it ordered the suspension of compliance with the pardon, because “it is not a court that distances itself from its own resolutions.”
“In addition, here we would once again be faced with a repeated failure by the Peruvian State to comply with what it said last year that it would abide by,” he emphasized.
The lawyer recalled that “Peru is part of an international system of justice in human rights” and maintained that “it cannot be said that a ruling of the TC can overthrow a resolution and a ruling, or several rulings, of the Inter-American Court.”
“This submission to the inter-American justice system is not because it occurred to us, because it is an invention, we do it because article 205 of the Constitution is what enables the possibility for people to resort to the Inter-American System, which, therefore, has a constitutional rank as well,” he said.
Rivera said that, in that sense, “there is an absolutely consolidated position,” because “there is not a single ruling from the Constitutional Court that maintains or argues that international law or the rulings of the Inter-American Court should be ignored.”
The TC established in 2022 to restore the effects of the pardon that Kuczynski granted to Fujimori, but the execution of that sentence was paralyzed by a precautionary measure from the Inter-American Court.
The pardon, granted on December 24, 2017, had already been annulled by the Judiciary in 2018, after the Inter-American Court asked the Peruvian State to guarantee the administration of justice for the victims of the massacres of Barrios Altos and La Cantuta, the cases for in which Fujimori was sentenced to 25 years in prison. EFE