By April Howard, UpsideDownWorld
On January 3, 2010, Peru's Supreme Court upheld Former Peruvian President Alberto Fujimori's April 2007 conviction and 25-year sentence for aggravated homicide, aggravated kidnapping, severe injuries and forced disappearance of persons.
Fujimori was president of Peru from 1990 until 2000 during a period of civil unrest, and waged a 'dirty war' against a Maoist guerrilla group called the Shining Path, and any and all Peruvians suspected of sympathizing with them.
The recent ruling addressed several crimes, including the killings of suspected Shining Path guerillas which took place in Barrios Altos (1991), where 15 people were shot to death and 4 others were seriously injured by a clandestine military death squad, and in La Cantuta, where nine students and a university professor were tortured and murdered, and their bodies destroyed and disappeared in sand dunes outside Lima (1992). Also in 1992, secret police kidnapped journalist Gustavo Gorriti and businessman Samuel Dyer and held both in the basement of the Army Intelligence unit during a so-called auto-coup. Though a paramilitary death squad called the Colina group carried out the killings and kidnappings, Fujimori was convicted for knowing of and authorizing the action through his spy chief Vladimiro Montesinos.
When Fujimori's administration collapsed under corruption charges in 2000, he escaped to Japan, the country of his parents. He was able to avoid extradition for most of the decade due to the Japanese government's recognition of his citizenship. It was not until he took a trip to Chile in 2005 that he was put under house arrest detained and extradited to Peru in 2006.
In April of 2007, after a trial lasting 15 months, the Special Penal Court, led by Supreme Judge César San Martín, convicted Fujimori of the charge, which he denied, of being the "mediate author of the crimes of qualified homicide and grave injuries," and sentenced him to 25 years in prison. His historic conviction marked the first time a democratically elected Latin American leader was found guilty of human rights abuses in his own country.
The 71 year-old Fujimori is already serving three other prison sentences at the same time: a six year sentence for abuse of power from 2007, seven and a half years for paying Montesinos $15m of state money, and for phone tapping and widespread bribery of members of the press, business sector and political opponents.
In November of 2009, Fujimori's lawyer, Cesar Nakazaki requested the revocation of the human rights abuse sentence and the annulment of the conviction for the La Cantuta kidnappings. Even though a law enacted in 2006 states that a presidential pardon or amnesty cannot be granted to those convicted of kidnapping (Law 28760). Nakazaki argued that there was insufficient evidence find Fujimori guilty of ordering the abductions.
The sentence was (R.N. Nº 19-01-2009-A.V ) ratified by the First Penal Transitory Hall of the Peruvian Supreme Court of Justice, led by Judge of the Supreme Tribunal Duberli Rodriguez, as well as by judges Julio Biaggi, Elvia Barros, Roberto Barandiaran and Jose Neyra. The court unanimously upheld the murder conviction and the 25-year sentence. The kidnapping charges were ratified by a majority vote, in which Justice Julio Enrique Biaggi upheld the fines and damage, but dissented on the charges of aggravated kidnapping rather than simple kidnapping. The sentence also ratified the qualification of the massacres as crimes against humanity.
Fujimori's prison term includes his time in Chile in custody and under house arrest from 2005 until 2006, making his sentence effectively until Feb.10, 2032. He is not permitted a pardon, but after serving 19 years (3/4 of his sentence), he would be allowed, at age 90, to shorten his sentence by one day for every 7 days of prison work he completes. He is currently being held in the north of Lima at the special operations unit of the National Police.
Judges also ordered Fujimori to pay 62,400 soles (22,285 U.S. dollars) each to Marcelino Marcos Pablo Meza and Carmen Juana Marinos Figueroa, and to 21 other relatives of the victims.
Congresswoman Keiko Fujimori, Fujimori's daughter, said a writ of habeus corpus would be presented to the Court. However, the court's most recent decision makes a future pardon on grounds of age or health unlikely.
Nakazaki said that they will continue to fight for the nullification of the sentence" and that "if Fujimori is to have justice, that justice must be found at another Judicial Power or at Constitutional Courtl level." However, on January 5, Constitutional Court president Juan Vergara, stated that a Supreme Court decision cannot be changed the Constitutional Court.
Republished from UpsideDownWorld
Showing posts with label Alberto Fujimori. Show all posts
Showing posts with label Alberto Fujimori. Show all posts
Tuesday, 12 January 2010
Monday, 27 July 2009
Peru's Fujimori sentenced to 7.5 years in prison for corruption
Alejandra del Palacio
LIMA, July 20 (Xinhua) -- Former Peruvian President Alberto Fujimori was sentenced on Monday to seven and a half years in jail on charges of embezzling 15 million U.S. dollars from state funds to pay his intelligence chief.
This is the third conviction Fujimori has received since he returned to Peru from exile in 2007.
Fujimori, who ruled the country from 1990 to 2000, has previously received a penalty of 25 years in prison for violation of human rights, and a six-year imprisonment for abuse of power.
So far, Fujimori, 70, will have to spend a maximum of 25 years behind bars, as prison sentences are served concurrently in Peru.
Fujimori exiled himself to Japan in 2000 after his government collapsed after corruption scandals. He was arrested in Chile and was extradited to Peru in 2007.
A SERIES OF TRIALS
Fujimori acknowledged in court that he had paid 15 million dollars to his intelligence chief Vladimiro Montesinos, but refused to accept any legal responsibility, saying he made the payment because Montesinos was then planning a coup against him.
"I was obligated to do it because the stability of the country was at risk ... given the total control that ex-adviser Vladimiro Montesinos had over the military leadership," Fujimori said.
In 2007, Fujimori was accused of having ordered an illegal raid on the home of Montesino's wife. He was convicted of abusing power and sentenced to six years in jail.
In April this year, Fujimori was sentenced to 25 years in prison for authorizing death squads that killed 25 civilians in two bloodbaths in 1991 and 1992, as well as ordering the kidnapping of a businessman and a journalist in 1992.
Fujimori still faces another trial on charges of authorizing illegal phone tappings and congressional bribes, and using state funds to purchase a TV station to air political propaganda.
TEN YEARS IN OFFICE
Fujimori had ruled Peru for 10 years before his dramatic resignation in 2000 after a corruption scandal involving his administration was exposed.
During his first term from 1990 to 1995, Fujimori ambitiously launched neoliberal reforms and privatization campaigns to revive the country's lagging economy. At the end of 1994, Peru's economy reported a world-leading growth rate of 13 percent.
Facing difficulties in combating the guerilla Sendero Luminoso, Fujimori carried out a coup of his own government in 1992, whereby he shut down the Congress and suspended the constitution.
Polls at that time showed the coup was largely welcomed by the public, although it was condemned by the Organization of American States (OAS) and other countries.
In 1995, Fujimori won a second term with almost two thirds of the votes.
According to the Peruvian Constitution in 1993, the presidency was limited to two terms. However, the Congress passed a law to allow Fujimori to run for a third term.
Fujimori won the 2000 elections with a bare majority. However, his standing was hurt by a corruption scandal in September that year when a cable TV channel broadcast a video showing Montesinos bribing an opposition congressman.
Fujimori's popularity collapsed and he escaped to Japan, from where he sent his resignation in Novermber 2000.
Fujimori has been credited by many Peruvians for ending the fight with guerilla Sendero Luminoso, although his controversial iron hand methods such as granting the military broad powers to arrest suspected rebels, were widely criticized.
Under his rule, Peru's Gross Domestic Product (GDP) grew by a total of 44.6 percent from 1992 to 2001, or an average of 3.76 percent per year.
The country also managed to reduce the national malnutrition index by about 29 percent from the period 1990-1992 to 1997-1999, according to the United Nations Food and Agriculture Organization.
Despite a raft of accusations against Fujimori, his daughter Keiko Fujimori, who will run for president in 2011, maintains roughly a 20 percent lead in opinion polls.
Keiko, an opposition legislator, said she wants to win the election to clear the accusations against her father.
Republished from Xinhua
LIMA, July 20 (Xinhua) -- Former Peruvian President Alberto Fujimori was sentenced on Monday to seven and a half years in jail on charges of embezzling 15 million U.S. dollars from state funds to pay his intelligence chief.
This is the third conviction Fujimori has received since he returned to Peru from exile in 2007.
Fujimori, who ruled the country from 1990 to 2000, has previously received a penalty of 25 years in prison for violation of human rights, and a six-year imprisonment for abuse of power.
So far, Fujimori, 70, will have to spend a maximum of 25 years behind bars, as prison sentences are served concurrently in Peru.
Fujimori exiled himself to Japan in 2000 after his government collapsed after corruption scandals. He was arrested in Chile and was extradited to Peru in 2007.
A SERIES OF TRIALS
Fujimori acknowledged in court that he had paid 15 million dollars to his intelligence chief Vladimiro Montesinos, but refused to accept any legal responsibility, saying he made the payment because Montesinos was then planning a coup against him.
"I was obligated to do it because the stability of the country was at risk ... given the total control that ex-adviser Vladimiro Montesinos had over the military leadership," Fujimori said.
In 2007, Fujimori was accused of having ordered an illegal raid on the home of Montesino's wife. He was convicted of abusing power and sentenced to six years in jail.
In April this year, Fujimori was sentenced to 25 years in prison for authorizing death squads that killed 25 civilians in two bloodbaths in 1991 and 1992, as well as ordering the kidnapping of a businessman and a journalist in 1992.
Fujimori still faces another trial on charges of authorizing illegal phone tappings and congressional bribes, and using state funds to purchase a TV station to air political propaganda.
TEN YEARS IN OFFICE
Fujimori had ruled Peru for 10 years before his dramatic resignation in 2000 after a corruption scandal involving his administration was exposed.
During his first term from 1990 to 1995, Fujimori ambitiously launched neoliberal reforms and privatization campaigns to revive the country's lagging economy. At the end of 1994, Peru's economy reported a world-leading growth rate of 13 percent.
Facing difficulties in combating the guerilla Sendero Luminoso, Fujimori carried out a coup of his own government in 1992, whereby he shut down the Congress and suspended the constitution.
Polls at that time showed the coup was largely welcomed by the public, although it was condemned by the Organization of American States (OAS) and other countries.
In 1995, Fujimori won a second term with almost two thirds of the votes.
According to the Peruvian Constitution in 1993, the presidency was limited to two terms. However, the Congress passed a law to allow Fujimori to run for a third term.
Fujimori won the 2000 elections with a bare majority. However, his standing was hurt by a corruption scandal in September that year when a cable TV channel broadcast a video showing Montesinos bribing an opposition congressman.
Fujimori's popularity collapsed and he escaped to Japan, from where he sent his resignation in Novermber 2000.
Fujimori has been credited by many Peruvians for ending the fight with guerilla Sendero Luminoso, although his controversial iron hand methods such as granting the military broad powers to arrest suspected rebels, were widely criticized.
Under his rule, Peru's Gross Domestic Product (GDP) grew by a total of 44.6 percent from 1992 to 2001, or an average of 3.76 percent per year.
The country also managed to reduce the national malnutrition index by about 29 percent from the period 1990-1992 to 1997-1999, according to the United Nations Food and Agriculture Organization.
Despite a raft of accusations against Fujimori, his daughter Keiko Fujimori, who will run for president in 2011, maintains roughly a 20 percent lead in opinion polls.
Keiko, an opposition legislator, said she wants to win the election to clear the accusations against her father.
Republished from Xinhua
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