Cablegate: Supreme Court Indicts Fujimori

This record is a partial extract of the original cable. The full text of the original cable is not available.

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SENSITIVE

E.O. 12958: DECL: N/A
TAGS: PGOV PHUM KJUS PE
SUBJECT: SUPREME COURT INDICTS FUJIMORI

1. (U) SUPREME COURT JUDGE JOSE LECAROS INDICTED FORMER
PRESIDENT ALBERTO FUJIMORI SEPTEMBER 13 FOR HIS ALLEGED
COMPLICITY IN THE BARRIOS ALTOS (1991) AND LA CANTUTA
(1992) KILLINGS AS WELL AS THE 1997 MURDER OF NATIONAL
INTELLIGENCE SERVICE AGENT MARIELLA BARRETO. BEGINNING THE
INVESTIGATIVE (INSTRUCTION) PHASE OF THE TRIAL, LECAROS
WILL FORMULATE IN THE COMING DAYS AN OFFICIAL REQUEST FOR
INTERPOL TO LOCATE FUJIMORI AND ASSIST IN HIS DETENTION.
(PRESS REPORTS INDICATE HE HAS ALREADY DONE SO.)

2. (U) THE INDICTMENT FOLLOWS THE LIFTING OF FUJIMORI'S
IMMUNITY BY CONGRESS IN AUGUST. TWO WEEKS AGO, ATTORNEY
GENERAL NELLY CALDERON FILED THE CHARGES AGAINST THE FORMER
PRESIDENT. THE PROSECUTOR WORKING ON THE CASE ALLEGES THAT
FUJIMORI USED HIS INFLUENCE TO IMPEDE CONGRESSIONAL
INVESTIGATION OF THE KILLINGS AND GRANTED AMNESTY TO THE
PERSONS RESPONSIBLE.

3. (U) UNDER PERUVIAN PROCEDURES, CHARGES AGAINST A
PRESIDENT MUST BE HANDLED BY THE SUPREME COURT. (CASES
AGAINST LEGISLATORS OR MINISTERS GO TO SUPERIOR COURT FOR
INVESTIGATION AND ADJUDICATION.) ONE OF ITS JUDGES,
USUALLY THE LEAST SENIOR, ACTS AS A JUDGE OF INSTRUCTION TO
REVIEW THE EVIDENCE. WHEN THE JUDGE COMPLETES THIS
INVESTIGATIVE PHASE, HE SUBMITS THE CASE TO THE COURT FOR
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TRIAL, IF WARRANTED. THE ACCUSED CAN BE TRIED IN ABSENTIA,
THOUGH SENTENCING -- IF FOUND GUILTY -- WAITS UNTIL THE
PERSON IS IN CUSTODY.

4. (SBU) COMMENT: PERUVIANS, CHARACTERIZING FUJIMORI'S
ALLEGED COMPLICITY AS CRIMES AGAINST HUMANITY, SEE THE
INDICTMENT AS ANOTHER STEP TOWARD THE FORMER PRESIDENT'S
EXTRADITION. JAPAN, HOWEVER, HAS REITERATED THAT IT WILL
NOT EXTRADITE FUJIMORI. THE EVIDENCE THAT HAS CARRIED THE
CHARGES AGAINST FUJIMORI THIS FAR IS LARGELY
CIRCUMSTANTIAL. NONETHELESS, IT IS LIKELY THAT LECAROS
WILL CONCLUDE THAT THERE IS SUFFICIENT EVIDENCE TO PROCEED
WITH A TRIAL.

HAMILTON

UNCLASSIFIED

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