Peruvian Supreme Court annuls Fujimori’s Pardon

Washington, D.C. October 3, 2018.- In what constitutes a significant step for the right to truth, justice and reparation, as well as reconciliation in Peru, the Peruvian Supreme Court annulled the pardon granted to Alberto Fujimori last December 2017 by former president Pedro Pablo Kuzcynski .

With the withdrawal of this benefit, Fujimori must return to prison to continue serving his 25-year sentence on charges of corruption and his responsibility for the commission of crimes against humanity during his regime, among them the cases of La Cantuta and Barrios Altos. Both cases were decided by the Inter-American Court of Human Rights (I-A Court) and influenced the development and progress of a domestic criminal proceeding against the former president.

“As an organization that has accompanied the victims of Barrios Altos through their 20 year process in search for justice before the Interamerican System on Human Rights, the decision represents a commitment on the part of the Peruvian Judicial branch to ensure that nobody is above the law. Furthermore, it assesses the impact of the pardon on the victims of crimes against humanity. Furthermore, it  encourages thousands of victims in the region who continue to seek justice for serious violations of human rights and abuses of power,”said Viviana Krsticevic, Executive Director of the Center for Justice and International Law, CEJIL.

“In this particular case, the pardon was the result of an undue manipulation of the legal system and constituted an obstacle to compliance with the obligation to investigate, prosecute and punish the human rights violations committed in the cases of Barrios Altos and La Cantuta, as determined by the Inter-American Court in its decision stemming from a supervision of compliance hearing, published last May.”.

Through this ruling, the Supreme Court  reaffirms that the pardon granted to Fujimori was irregular and repeatedly violated all applicable internal standards. Additionally, through a control of conventionality, the Court found that the pardon is incompatible with Peru`s international obligations and can not be upheld with regards to  crimes against humanity.

To read more about the Inter-American Court´s decision from May´s supervision of compliance hearing: https://cejil.org/.website_6cea44c6/es/corte-interamericana-respalda-victimas-indulto-otorgado-alberto-fujimori