Commission calls "a slap" pardon granted to Fujimori

Commissioner Margarette May Macaulay, Rapporteur on the Rights of Women of the Inter-American Commission on Human Rights (IACHR) stated that "humanitarian pardon (the ex-president Alberto Fujimori) is a slap because it erases his conviction".

"This is a really disturbing act. Must show respect for the dignity of those who have suffered, "said Macaulay during the last hearing of the 167 session of the Commission, which was held in Bogotá.

Carlos Rivera Paz, director of the Legal Defense Institute of Peru said he did not repeal the measure -otorgada on 24 December by the government of President Pedro Pablo Kuczynski "could become an obstacle to the investigation."

In addition, the representative of civil society stressed that the benefit "is a farce by the irregularity in the proceedings, by the absence of a real medical causes and political causes that the President has publicly exposed."

Viviana Krsticevic, executive director of the Center for Justice and International Law (CEJIL), said the pardon Fujimori corresponds to a "multiple violation of fundamental rights, preventing adequate sanction and has impacts on other investigations and prosecutions."

"We agree with the Court, the risk to health of a convicted person may require alternative measures, but we reiterate that forgiveness of punishment is a measure that does not correspond with crimes against humanity," said Krsticevic.

"The pardon Fujimori was a blow for victims in general, a mockery of justice. pardon is given as part of a political pact. It is very painful and we hope that the Inter-American Court order to reverse this measure, "he reiterated the director of the Anadolu Agency Cejil.

Representatives of the Peruvian government rejected the conduct of the hearings of the Commission, since, they argued, the case is still under the jurisdiction of the Court.

"It would be giving a contradiction," said lawyer Adrian Simons Pino, who added that "the Peruvian State is concerned and upset by the incompetence of the Commission" about it.

In addition, they stressed that "there is no obligation under domestic jurisdiction to hear the victims, because health premium condemned."

"The State respects the pain of the victims, but believes it is not healthy that grief has no end, it is in danger of becoming a grudge," said Jorge Villegas, also state attorney.

"The State is committed to reconciliation, but without forgetting, so it reiterates its concern and unease about the conduct of the Commission and considers that the arguments used by the same to convene the hearing, have been refuted," explained Villegas.

Commissioner Joel Hernández García responded to the representatives of the State and reiterated the concern in the region for the given measures.

He asked, also, to be informed on the right of grace to know the course that could take on the Pativilca case.

"Grief can never end until there is justice and reparation," stressed Commissioner Antonia Urrejola.

Representatives of civil society called on the Commission to reaffirm its position on clemency, to meet with the victims and to urge the Peruvian authorities to "review" their work, in order to avoid impunity.

They also requested a general recommendation about how to pardon or alternative measures in cases of serious human rights violations "are terrible precedent of impunity in the region."

The cases of Barrios Altos (1991) and La Cantuta (1992), in which the Peruvian army killed 16 people, and in which a teacher and nine university disappeared, the Peruvian justice ordered the arrest of Fujimori in 2000 and in 2005 he was arrested in Chile.

Two years after his extradition to Peru was approved. Fujimori was sentenced to 25 years in prison in 2009. However, on 24 December last year the government of Pedro Pablo Kuczynski granted a pardon arguing health reasons.
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