The Constitutional Court (TC) of Peru accepted this Thursday a habeas corpus requesting the nullity of a judicial resolution that suspended the pardon granted in 2017 to Alberto Fujimori (1990-2000), which implies that the former president will be released, confirmed to Efe Carlos Rivera, lawyer for the victims of the massacres of Barrios Altos (1991) and La Cantuta (1992).
“Unfortunately we can confirm this information, Fujimori’s freedom implies that he will have annulled at least two sentences of the Supreme Court regarding pardon,” Rivera told Efe by phone.
The high court declared founded the appeal filed by the lawyer Gregorio Parco Alarcón against the resolution of the Supreme Court, which in 2018 annulled the pardon granted to Fujimori on December 24, 2017 by the then president Peter Paul Kuczynski (2016-2018).
The judge of the TC Eloy Espinosa confirmed in statements with Channel N that the court had a tie in the vote, since three members voted against granting the habeas corpus to the former president, while three others spoke in favor.
Among those who were in favor of the measure, is the president of the TC, Augusto Ferrero, who had the power to issue a “quality vote or double vote” to break equality.
Espinosa maintained that the position of the president of the TC is that Fujimori “is a person who already has health problems” and there is “a humanitarian situation to attend to”, the same premises for which the 2017 pardon was proposed.
In contrast, those who opposed habeas corpus argued that “He’s an older person, but he has all his basic care services” and, although he has health problems, “none of them are serious”.
With this decision, Fujimori, 93, will be able to leave the Barbadillo prison, located in the Lima district of Ate, where he was serving a 25-year prison sentence for crimes against humanity.
According to Rivera, from the Institute of Legal Defense of Peru (IDL), Fujimori could be released this Thursday, something he called “nonsense.”
“What is being done is going against the express text of the judgment of the Power of attorney, of the Inter-American court and the rights of the victims,” ​​he told EFE.
Rivera added that, in his opinion, Fujimori’s circumstances “they are identical to those of the year 2017” and that “the only thing that has changed is the composition of the TC.”
The Peruvian Justice ordered the annulment of the pardon after considering that it did not meet the legal requirements and lacked legal effects, for which Fujimori had to return to the prison of the police barracks in the east of Lima where he is serving his sentence.
The pardon is even being investigated by the courts, since the Prosecutor’s Office considers that it was the product of a negotiation between Kuczynski and Fujimori’s youngest son, Kenji, who was a congressman at the time, so that Fujimorist legislators They voted against a request for the impeachment of the then president.
Fujimori was discharged this Monday after overcoming a heart condition that forced him to be admitted to a clinic in Lima, although he will continue to be treated in prison for pulmonary fibrosis, as reported at the time. her eldest daughter, Keiko.