US embassy cable - 01LIMA5083

SUPREME COURT INDICTS FUJIMORI

Identifier: 01LIMA5083
Wikileaks: View 01LIMA5083 at Wikileaks.org
Origin: Embassy Lima
Created: 2001-09-14 21:51:00
Classification: UNCLASSIFIED//FOR OFFICIAL USE ONLY
Tags: PGOV PHUM KJUS PE Fujimori
Redacted: This cable was not redacted by Wikileaks.
This record is a partial extract of the original cable. The full text of the original cable is not available.


 

                           UNCLASSIFIED     PTO1513

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ACTION WHA-00   

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FM AMEMBASSY LIMA
TO SECSTATE WASHDC PRIORITY 2048
AMEMBASSY TOKYO 
AMEMBASSY CARACAS 
AMEMBASSY LA PAZ 
AMEMBASSY QUITO 
AMEMBASSY SANTIAGO 
AMEMBASSY BUENOS AIRES 
AMEMBASSY ASUNCION 
AMEMBASSY MONTEVIDEO 
AMEMBASSY BOGOTA 
AMEMBASSY BRASILIA 
AMEMBASSY MADRID 
USCINCSO MIAMI FL
UNCLAS LIMA 005083 
 
SIPDIS 
 
SANTIAGO ALSO FOR LEGATT 
 
                       UNCLASSIFIED 
 
PAGE 02        LIMA  05083  142156Z 
SENSITIVE 
 
E.O. 12958: DECL: N/A 
TAGS: PGOV, PHUM, KJUS, PE, Fujimori 
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 
                       UNCLASSIFIED 
 
PAGE 03        LIMA  05083  142156Z 
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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