Peru’s top court defied an international court order and ordered the release of former President Alberto Fujimori from prison. Fujimori is currently serving a 25-year sentence for human rights violations. The Constitutional Tribunal of Peru voted 3 to 1 to uphold a presidential pardon granted to Fujimori in 2017, despite the Inter-American Court of Human Rights ruling that the pardon violated the rights of his victims. Fujimori’s lawyer stated that he will likely be released on Wednesday.
Some experts view this decision as a sign of institutional decay in Peru, which has experienced consecutive political crises in recent years.
Pedro Grández, an expert on Peruvian constitutional law, criticized the open defiance of the Peruvian State in disregarding international obligations. The Inter-American court reiterated its decision against Fujimori’s release, but President Dina Boluarte’s government is expected to follow the Peruvian court’s ruling. The Constitutional Tribunal stated that if the international court believes Peru is violating its obligations, it should take the matter to the Organization of American States. Right-wing lawmaker Jóse Cueto stated that the Constitutional Tribunal has the final say and does not need to listen to the Inter-American Court of Human Rights.
This decision is the latest development in the ongoing controversy surrounding Fujimori’s imprisonment and comes amid political scandals and concerns about impunity in Peru.
Alberto Fujimori, who came to power as an anti-establishment outsider three decades ago, served as president during a period of hyperinflation and left-wing rebel violence that resulted in the deaths of tens of thousands of people. He dissolved Congress, suspended the Constitution, and ruled as a dictator. His presidency was marked by a brutal counterinsurgency campaign and the creation of death squads that carried out extrajudicial killings. Fujimori resigned in 2000 after corruption scandals were exposed. He was subsequently convicted of human rights violations and has served 16 years of his sentence.
Fujimori’s family claims he has a terminal illness, pulmonary fibrosis. At 85 years old, he has been held in a special penitentiary for Peruvian presidents in Lima. His release would be alongside two other former presidents, Mr. Castillo and Alejandro Toledo. Fujimori’s daughter, Keiko Fujimori, is an influential opposition leader who narrowly lost the last presidential election.
In 2017, President Pedro Pablo Kuczynski pardoned Fujimori, but the pardon was later annulled, and he was ordered back to prison. In 2022, the Constitutional Tribunal reinstated the pardon, disregarding the Inter-American court’s ruling. Television stations showed supporters celebrating outside the prison following the decision. Fujimori’s lawyer stated that he is calm, hopeful, and clinically stable. However, Carlos Rivera, a lawyer representing victims of Fujimori’s crimes, criticized the tribunal’s position for potentially leading to noncompliance with international court sentences.
In 2018, the international court outlined a path for Fujimori to seek a pardon that aligns with international law, including public apologies to his victims and civil reparations. However, Fujimori and his defense have chosen not to pursue this option.