Constitutional Court Peru He ordered the release of the former president this Tuesday Alberto Fujimori (1990-2000), despite the Inter-American Court of Human Rights (IDC) ruling to the contrary last year.
“This Constitutional Court orders the National Penitentiary Institute (INPE) and the warden of Barbadillo Prison (where he remains in prison) to order, on the same day, the immediate release of favored person Alberto Fujimori.” TC.
Decision, Signed by 3 of the 6 current members of the Republic of Turkey, with the casting vote of the organization’s president, Francisco MoralesHe declared that “the request for reconsideration is based on the excessiveness of the direct and immediate execution of the sentence dated last March 12, which is repeated in the current process.”
Last Friday, a court in the southern region of Ica declared unacceptable the Constitutional Court’s initial decision restoring Fujimori’s pardon and returning the case to the Republic of Turkey.
Francisco Morales, president of the highest court, said: Authorities had to “proceed with the immediate release” of Fujimori. Against two decisions of the Inter-American Court.
While explaining the decision of the Turkish Republic, which declared that the consultation made by the Ministry of Justice regarding the amnesty granted to Fujimori by the then president Pedro Pablo Kuczynski in 2017 was unacceptable, Morales said, “The previous sentence must be complied with.” different comments.
In this sense, the decision published by the Turkish Republic on Tuesday also He described the Ica judge as “serious” and urged him to “show more diligence and enthusiasm in the performance of his duties”. “during the execution of sentences confirming habeas corpus”.
The amnesty granted to Fujimori on December 24, 2017 was annulled by the Judiciary in 2018, after the Inter-American Court asked the Peruvian State to guarantee the administration of justice. Victims of the Barrios Altos and La Cantuta massacresCases for which Fujimori was sentenced to 25 years in prison.
Last week, hours before the Ica judge’s decision, the Inter-American Commission on Human Rights (IACHR) expressed concern about the possibility that the TC’s decision would lead to the release of Fujimori.
The organization recalled that on April 7, 2022, it “set out the reasons why the State refrained from granting amnesty for ‘humanitarian reasons’, in accordance with the inter-American standards established in the audit decisions on the Barrios Altos and La Cantuta cases.” .
For its part, the Inter-American Court asked the Peruvian government: send you a report on compliance with what was ordered in your decision last year.
In this context, in its decision taken on Tuesday, the Turkish Republic expressed its opinion that “the Inter-American Court of Human Rights does not have jurisdiction to determine the suitability of sentences and the unexecutability of a sentence.”
After stating that it was “unobjectionable” that “the State has an obligation to comply” with the decisions made by the Inter-American Court, he evaluated that any contradiction should be submitted to the General Assembly of the International Human Rights Organization. American States (OAS) “where a State fails to comply with its own decisions”.
According to the analysis of the signing judges, therefore “It is outside the jurisdiction of the Court of American States to order a State not to execute a sentence of a national court while supervising compliance with that sentence.”“.
“Since the Inter-American Court of Human Rights does not have the authority to directly decide not to execute a judicial decision within the framework of monitoring compliance with sentences, this Court decided to execute the sentence dated December 17, March 2022,” he said.