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| |  | | Alberto Fujimori | | | context : | Peru  | | judgement place : | Peru | | status : | Sentenced | | particulars : | Extradited from Chile; sentenced in the first of three trials to 6 years in prison on 12 December 2007 | | position : | Former President of the Republic of Peru |
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| | | | On 27 August 2001, the Peruvian Congress declared unanimously that Alberto Fujimori was responsible for crimes against humanity and lifted his immunity. On 5 September 2001, the Chief Prosecutor of Peru, Nelly Calderón, laid charges against the former President for murder, causing serious bodily injury and “forced disappearance.” Forced disappearance is considered to be a crime against humanity under Peruvian law since 1998 (law 26926 of 21 February 1998.) The definition of crime against humanity as it appears in the Peruvian Criminal Code differs, however, from that prevailing in international law.
The indictment put forward the theory that the acts committed by the Colina Group were of such magnitude that they could only have been carried out under the control of the executive authority of the time. Moreover it underlined that members of this group who had been arrested had benefited from an amnesty granted by Congress under pressure from the former President.
On 13 September 2001, Judge José Luis Lecaros of the Supreme Court transmitted to Interpol an international arrest warrant for Alberto Fujimori. The President, Alejandro Toledo, subsequently requested the Japanese authorities to extradite Fujimori to Peru. The Japanese authorities, however, considered that Alberto Fujimori was a citizen of their country since both of his parents were born in Japan. By virtue of this fact, he is protected by Japanese law which forbids extradition of one of its citizens with a view to his being tried before a foreign criminal jurisdiction. Furthermore the Japanese government pointed out that no extradition agreement was in existence between the two countries concerned.
In autumn 2005, Fujimori made public his plans to return to Peru and run for the Peruvian presidency in April 2006 despite the fact that he had been banned from holding public office until 2010. As there is no direct flight connection from Japan to Peru, it was expected that the international arrest warrants against Fujimori might be activated in a transit country.
On 7 November 2005 Fujimori was arrested in Chile at the request of the Peruvian government. In a move that took authorities by surprise, Fujimori had arrived there from Japan on his way to Peru where he intended to run for the presidency.
Even though Chile and Peru have had an extradition treaty for more than 70 years, it is not clear if arrest warrants issued by Interpol are legally binding on Chile.
Chilean Judge Orlando Alvarez, charged with considering Peru's extradition request, ordered Fujimori's arrest while the matter is being decided.
In the meantime, the Peruvian government sent a delegation to Chile in order to speed up Fujimori's extradition.
On 23 February 2006, the Supreme Court had denied Fujimori's application for bail. On 18 May 2006, however, it was granted. Fujimori was released but prohibited from leaving the country.
On 20 November 2006, a Peruvian judge issued a new international arrest warrant against Fujimori. This new warrant is based on Fujimori's alleged role in the killing of 20 inmates of a high security prison in 1992.
Following a recommendation by the Chilean chief prosecutor to extradite Fujimori to Peru, he was placed under house arrest on 8 June 2007.
On 11 July 2007 a Chilean Supreme Court judge rejected the extradition of Fujimori, saying Peru failed to prove its former president was involved in death squads and corruption.Judge Orlando Alvarez said the evidence fell short and that some charges, particularly that of "illegal association," have no Chilean equivalent and therefore can't be used for extradition. As for the most serious charges, he said "it was not proved that Mr. Fujimori ordered or had even the least knowledge beforehand of the killings."
On 13 July 2007 Peru appealed against the decision. In its ruling of 21 September 2007 the Supreme Court ordered Fujimori's extradition to Peru. This decision is final and no appeal can be made.
On 22 September 2007, Fujimori was extradited to Peru.
On 4 October 2007 the head of a special three-judge panel of Peru's Supreme Court announced that the court would consolidate six separate charges against Fujimori into three "megatrials" and one other trial proceeding. If convicted, Fujimori faces up to 30 years in prison and a fine of $33 million.
The first trial began on 10 December 2007 and will look into the 1992 incident at La Cantuta University, where 25 people died and the kidnapping of businessman Samuel Dayer and journalist Gustavo Gorriti.
Fujimori pleaded not guilty to all the charges.
On 12 December 2007 Fujimori was sentenced at first instance to 6 years imprisonment for abuse of authority during his presidency. | |    | | Trial Watch would like to remind its users that any person charged by national or international authorities is presumed innocent until proven guilty. | |  |  | | nationality : | | | Peru | | | date of birth : | | | 28.07.1938 | | | last time seen : | | | Peru | | | period of charges : | | | 28.07.1990 - 05.09.2001 | | | judgement period : | | | 10.12.2007 | | | charges : | | | Crimes against humanity
Forced disappearances | | | profile last modified : | | | 18.03.2008 |
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