Arrest and trial of Alberto Fujimori

Alberto Fujimori
アルベルト・フジモリ (藤森 謙也)
Fujimori in October 1991
Born28 July 1938
Lima, Peru
Died11 September 2024 (Age 86)
OccupationFormer President of Peru
Criminal statusConvicted
Spouses
​
(divorced)​
  • Satomi Kataoka
Criminal chargeHuman rights abuses, murder, kidnapping, embezzlement, abuse of power, bribery and corruption
Penalty25 years in prison (Human rights abuses, murder and kidnapping charges)
Six years in prison (Abuse of power charges)
Seven and one-half years in prison (Embezzlement charges)
Six years in prison (Corruption and bribery charges)

Former Peruvian President Alberto Fujimori was arrested, tried, and convicted for a number of crimes related to corruption and human rights abuses that occurred during his government. Fujimori was president from 1990 to 2000. His presidency ended when he fled the country in the midst of a scandal involving corruption and human rights violations.

After Fujimori fled to Japan, the government of Peru requested his extradition. Because Japan recognizes Fujimori as a Japanese citizen rather than a Peruvian citizen due to the Master Nationality Rule, and because Japan refuses to extradite its citizens to other countries, Fujimori was not extradited from Japan.[1]

Wanted in Peru, Fujimori maintained a self-imposed exile until his arrest while visiting Chile in November 2005.[2] He was extradited to face criminal charges in Peru in September 2007.[3]

In December 2007, Fujimori was convicted of ordering an illegal search and seizure, and was sentenced to six years in prison.[4][5][6] The Peruvian Supreme Court upheld the decision upon his appeal.[7] In April 2009 Fujimori was convicted of human rights violations and sentenced to 25 years in prison for his role in killings and kidnappings by the Grupo Colina death squad during his government's battle against leftist guerrillas in the 1990s.

The verdict, delivered by a three-judge panel, marked the first time that an elected head of state has been extradited to his home country, tried, and convicted of human rights violations. Fujimori was specifically found guilty of murder, bodily harm, and two cases of kidnapping.[8][9][10][11][12] In July 2009 Fujimori was sentenced to seven and a half years in prison for embezzlement after he admitted to giving $15 million from the Peruvian treasury to his intelligence service chief, Vladimiro Montesinos.[13] Two months later he pled guilty in a fourth trial to bribery and received an additional six-year term.[14] Under Peruvian law all the sentences must run concurrently, with a maximum length of imprisonment of 25 years.

On 24 December 2017, President Pedro Pablo Kuczynski pardoned him on health grounds.[15] The Peruvian Supreme Court overturned the pardon in October 2018, ruling that crimes against humanity are unpardonable.[16] The Constitutional Court of Peru, in a 4–3 ruling on 17 March 2022, reinstated the pardon, though it was not clear if or when he may be released.[17] On 8 April 2022, the Inter-American Court of Human Rights overruled the Constitutional Court and ordered Peru not to release Fujimori.[18] On 5 December 2023, the Constitutional Court of Peru ordered the release of the former president from prison.

  1. ^ "Japan refuses to extradite Fujimori". BBC. 2 March 2001. Retrieved 25 December 2017.
  2. ^ "Conditional release for Fujimori". 18 May 2006. Retrieved 24 March 2023.
  3. ^ Extradited Fujimori back in Peru 22 September 2007.
  4. ^ Fujimori jailed for abusing power, BBC News, 12 December 2007. Retrieved 12 December 2007.
  5. ^ Corte Suprema de la República. 10 December 2008. Resolution 17-2008 Archived 25 June 2008 at the Wayback Machine.
  6. ^ Peru's Ex-President Gets 6 Years for Illicit Search, New York Times, 12 December 2007. Retrieved 12 December 2007.
  7. ^ Emery, Alex (15 April 2008). "Peru Supreme Court Upholds Former President's Prison Sentence". Bloomberg News. Retrieved 7 April 2009.
  8. ^ Emery, Alex. Peru's Fujimori Found Guilty on Human Rights Charges, Bloomberg News, 7 April 2009. Accessed 7 April 2009.
  9. ^ "Peru's Fujimori sentenced to 25 years prison". Reuters. 7 April 2009. Retrieved 7 April 2009.
  10. ^ Fujimori declared guilty of human rights abuses Archived 10 April 2009 at the Wayback Machine (Spanish).
  11. ^ Peru court finds ex-president Fujimori guilty
  12. ^ "Fujimori gets 25 years on conviction in human rights case". Boston.com. 8 April 2009.
  13. ^ Fujimori convicted of corruption, BBC.com, 20 July 2009
  14. ^ Fujimori pleads guilty to bribery, BBC.com, 28 September 2009
  15. ^ Dan Collyns (24 December 2017). "Peru's jailed ex-president Alberto Fujimori pardoned, sparking protests". The Guardian. Retrieved 24 December 2017.
  16. ^ "Peru court overturns pardon of ex-leader Fujimori". apnews.com. 4 October 2018. Retrieved 12 June 2021.
  17. ^ "Peruvian court approves prison release of ex-president Alberto Fujimori". The Guardian. 17 March 2022. Retrieved 19 March 2022.
  18. ^ "Inter-American Court orders Peru not to release Fujimori from prison". Reuters. 9 April 2022. Retrieved 17 June 2023.