On November 29, Francisco Morales, President of Peru’s Constitutional Court, announced the immediate release of former President Alberto Fujimori.
This decision directly opposes the 2022 Inter-American Court of Human Rights directive, which mandated Fujimori’s continued detention.
Morales, in his statement, stressed adhering to the earlier ruling.
The day prior, the Court had dismissed a request for clarification from the Judicial Power’s attorney about the March 2022 habeas corpus sentence – a type of pardon – for Fujimori.
The recent ruling emphasized that the 2022 decision was final, thereby leaving no scope for further disputes.
As reported by local media, Fujimori’s lawyer, Elio Riera, interprets this as a green light for Fujimori’s freedom.
However, some legal analysts find the Court’s decision vague, suggesting it doesn’t directly command Fujimori’s release but rather shifts the decision-making to a criminal judge.
Legal opinion maintains that an individual’s freedom should be based on a clear, distinct ruling, not merely on the interpretation of a sentence.
During his tenure, Fujimori is serving a 22-year sentence at Barbadillo prison for crimes against humanity.
These crimes particularly relate to the La Cantuta and Barrios Altos cases.
The Barrios Altos incident involved the murder of 14 civilians in a Lima neighborhood on November 3, 1991.
In the La Cantuta case, a teacher and nine students from Enrique Guzmán y Valle University were killed on July 18, 1992.
These crimes were executed by the Colina Group, under Fujimori’s command, to counter the Maoist terrorist organization Shining Path
At that time, Shining Path was actively attempting to overthrow the state to establish a government based on their ideology.