The Inter-American court of human rights resolution refraining Peru from granting pardon to former President Fujimori

The Inter-American court of human rights resolution refraining Peru from granting pardon to former President Fujimori
Photo: Wilson Siancas/Flickr

12-05-2022

Amanda Lemos

America and Human Rights Researcher

Global Human Rights Defence

At the beginning of April, the Inter-American Court of Human Rights (IACHR) ordered Peru to "refrain" from releasing imprisoned former president Alberto Fujimori, who was sentenced to 25 years in prison for several crimes committed during his term. The IACHR’s resolution overruled the Peruvian Constitutional Court’s decision to release Fujimori on humanitarian grounds.

Peru’s Constitutional Court reinstated a controversial 2017 presidential pardon for Fujimori based on health concerns, which had already been overruled once by the IACHR. Following the new attempt to grant pardon to the former president, the Inter-American Court told Peru in late March to abstain from releasing Fujimori until the matter was properly reviewed. After analysing the situation, the IACHR indicated that the decision did not properly take into account the effects the pardon had, noting that the decision “does not even make the slightest reference to the serious human rights violations for which Fujimori was convicted”.

Alberto Fujimori has been serving a 25-year sentence for two massacres committed by army death squads during his presidency. One of the massacres occurred in an area called Barrios Altos, where 15 neighbours were killed during a party, including an eight-year-old boy; and the other in La Cantuta, a university that trains school teachers, in which nine students and a professor died. His administration is also accused of forcibly sterilising Peruvian women under the guise of a “family planning and population control” programme, which is currently under investigation as a crime against humanity under the Rome Statute of the International Criminal Court.

Even though the former president tried to get a pardon based on health issues, the recent decision of the IACHR emphasises that Fujimori is “constantly monitored” and receives proper treatment. Peru has said it would abide by any decision of the IACHR and this closes the door for now on Fujimori’s release.

Sources and further reading:

Al Jazeera. (2022, April 8). Rights tribunal urges Peru not to release ex-President Fujimori. Retrieved May 12, 2022, from https://www.aljazeera.com/news/2022/4/8/rights-tribunal-urges-peru-not-to-release-ex-president-fujimori

Al Jazeera. (2022, May 19). Peru forced sterilisations case: ‘They could get away with it’. Retrieved May 12, 2022, from  https://www.aljazeera.com/news/2021/5/19/peru-forced-sterilisations-case-fears-they-could-get-away-with

The San Diego Union-Tribune. (2022, May 12). Corte IDH ordena a Perú no liberar al expresidente Fujimori. Retrieved May 12, 2022, from https://www.sandiegouniontribune.com/en-espanol/noticias/story/2022-04-08/corteidh-ordena-a-peru-no-liberar-al-expresidente-fujimori