Elio Riera, lawyer for Alberto Fujimori accredited in the process in the Constitutional Court (TC), ruled out that the case of the ‘Mamani videos’ can affect the pardon granted to the former president, since there is no sentence that establishes that a crime was committed when the grace was granted.
“We do not have a sentence linked to the ‘Mamanivideos’. If we adhere to the principle of legality, we do not have a conviction that can establish that it was indeed criminal (the granting of pardon), that does not exist,” he told Nothing is said by RPP Noticias.
“We stick to a judicial pronouncement where it is established whether or not there was a crime, and in that case there is not,” he insisted.
As it is remembered, the pardon to Alberto Fujimori would have been one of the offers made to a group of legislators led by Kenji Fujimori to vote once morest the vacancy of Peter Paul Kuczynski in 2018.
The presumed negotiations were later denounced by the bench of People’s Forcewho presented as evidence a series of videos and audios recorded by the deceased congressman Moses Mamani.
“Pardon was validly granted”
The lawyer Elio Riera considered that the recent ruling of the Constitutional Court “reestablishes the value of a pardon that was granted in a valid, consistent manner, within the regular procedure.”
Likewise, he pointed out that on that occasion “the series of comborbalities that existed, which worsen and intensify over time”, which would have made Alberto Fujimori deserving of a pardon for humanitarian reasons.
In this sense, he urged that “due process and the autonomy of an entity as important as the Constitutional Court” be respected.
Corte IDH
The lawyer also pointed out that it is unlikely that the Inter-American Court of Human Rights (IA Court) can order that Alberto Fujimori return to prison, given that he was sentenced for aggravated homicide and not for crimes once morest humanity, in which case -according to the Court- a pardon should not be applied.
“We cannot apply the law by analogy. (The ruling of the Inter-American Court) refers to the fact that it is a synonym, but the question is: in our internal law, was Alberto Fujimori sentenced for crimes once morest humanity or not? It was not legislated , it wasn’t regulated at the time, so it’s clear he wasn’t convicted of that crime.”
