Peru’s Constitutional Court Ignites Controversy with Release of Ex-President Fujimori

Former President of Peru, Alberto Fujimori, was released from prison in controversial circumstances, following an order by the Peru Constitutional Court on Wednesday. This move was issued despite the Inter-American Court’s directive calling on Peru to avoid executing the order to release Fujimori.

A day after this directive, on December 6, the Constitutional Court issued a judicial resolution ordering the immediate release of the former president. This verdict procured a succession of statements, as it was issued by only four out of the six judges.

Judge Manuel Monteagudo, who did not sign the resolution, expressed that he and Judge Ochoa were oblivious to the Constitutional Court’s order. At the same time, he suggested that a decision that dismisses rulings of the Inter-American Court needed to be deliberated in a full session of the Constitutional Court.

Despite these contentions, the president of the constitutional court, Francisco Morales Saravia, dismissed any irregularities. He asserted that there was no necessity to involve Judges Monteagudo and Ochoa as the decision was settled on by four judges.

The National Penitentiary Institute of Peru reported starting the process of releasing Fujimori around 5 PM on Wednesday following the mandate of the Constitutional Court. The formalities of the process delayed the official release until 6 PM.

Promptly, the Ministers of Justice and Foreign Affairs conducted a press conference stating that the ruling of the constitutional court that led to Fujimori’s release does not negates the obligations derived from international treaties and the IACHR.

Fujimori is under investigation for alleged crimes, including murders and forced sterilizations. Following his release, the Second National Superior Criminal Prosecutor’s Office Specialized in Human Rights and Interculturality revised the terms of his restricted appearance to 18 months of house arrest. The Supreme Court announced on Thursday the annulment of the judicial process in the forced sterilization case, instructing the criminal judge entrusted with the case to issue a new ruling.

For full details on the case, please visit here.