US embassy cable - 05LIMA4861

C O N F I D E N T I A L SECTION 01 OF 04 LIMA 004861 
 
SIPDIS 
 
E.O. 12958: DECL: 11/14/2015 
TAGS: PGOV, PREL, KCRM, PE, CI 
SUBJECT: FUJIMORI UPDATE:  CONSPIRACY CONCERNS; A SWIPE AT 
JAPAN; BUILDING AN EXTRADITION CASE; LABOR/HUMAN RIGHTS 
GROUPS SUPPORT EXTRADITION; PRESIDENTIAL CANDIDATES LARGELY 
MUM; FUJIMORISTA PARTIES IN DISARRAY 
 
REF: A. LIMA 4842 
 
     B. TOKYO 6181 
 
Classified By: Political Counselor Alexander Margulies.  Reason:  1.4(b 
/d). 
 
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SUMMARY 
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1.  (C)  Former President Alberto Fujimori's arrest in Chile, 
pursuant to a Peruvian request for his preventive detention 
pending submission of an extradition request, continues to be 
the major domestic political issue in the country.  President 
Alejandro Toledo and Foreign Minister Oscar Maurtua suspect 
Chilean-Japanese collusion in Fujimori's arrival in Santiago, 
but while care is being taken to keep relations with Chile on 
an even keel, the GOP has assumed a combative stance vis 
Japan.  The GOP is scrambling to assemble its case for 
Fujimori's extradition and is seeking outside legal advice in 
Lima and Santiago.  Human rights groups are supporting the 
GOP's efforts, both legally and politically, and, in 
conjunction with labor unions will hold a public 
demonstration against Fujimori on 11/15.  The major political 
contenders are seeking to minimize their dealings with this 
issue, stressing the legal, rather than political nature of 
the extradition proceedings.  The Fujimoristas are in 
disarray with their figurehead in a Chilean jail and their 
party's leadership vacated by the National Electoral Board. 
 
------------------------ 
TOLEDO SEES CONSPIRACIES 
------------------------ 
 
2.  (C)  President Toledo, in an 11/9 meeting with the 
Ambassador, asked whether the USG had information on the 
"Chile-Japan nexus," suggesting that those two countries 
connived to bring about Fujimori's flight to Santiago.  The 
President also complained that he was surprised President 
Vicente Fox of Mexico did not promptly inform him that 
Fujimori's plane had transited via Tijuana.  The Ambassador 
replied that it appeared the Chilean Government had been 
caught off guard, noting that the flight manifest faxed to 
Santiago did not have Fujimori's name on it (though the 
manifest handed over by the flight crew on arrival did).  The 
Ambassador added that he suspected the Japanese Government 
also was taken unawares.  Toledo indicated that he still 
suspected collusion between Chile and Japan, while continuing 
to express bewilderment at "my friend" Fox's failure to 
provide timely information during their attendance at the 
Summit of the Americas. 
 
3.  (C)  Toledo's concerns about anti-Peruvian conspiracies 
on the part of Chile and Japan seem to be shared at the 
highest levels of the GOP.  His official political advisor, 
Juan de la Puente, in an 11/9 meeting with Polcouns, stated 
that the Presidency was concerned that the Chilean Government 
and/or judicial authorities would play a fast one on the 
Toledo Administration in the Fujimori case (Ref A).  De la 
Puente noted that Chilean President Ricardo Lagos is angry 
over Peru's unilateral declaration of maritime boundaries, 
gave Toledo the cold shoulder at the Summit of the Americas, 
and refused to accept calls from his Peruvian counterpart 
(Comment:  A Chilean Embassy official here says the same. 
End Comment).  De la Puente was also worried that Peruvian 
criminal proceedings against powerful Chilean businessman 
Andronico Luksic, for allegedly paying USD 2 million in 
bribes to Montesinos to intervene in obtaining municipal 
authorization to operate a pasta factory, could have a 
negative impact on Peru's extradition request. 
 
4.  (C)  Foreign Minister Oscar Maurtua has adopted a 
positive approach towards Chile in public, praising the GOC 
for arresting Fujimori; agreeing with President Lagos that 
Fujimori should be extradited, rather than simply expelled, 
to Peru; and saluting Chilean Foreign Minister Ignacio 
Walker's declaration that Fujimori and his allies will 
not/not be permitted to use Chile as a base for political 
activity aimed at Peru.  According to a Chilean diplomat, 
however, in a private meeting with Chilean Ambassador Juan 
Lira, Maurtua passed on a list of ten questions that were 
hostile and accusatory regarding the GOC's supposed role in 
Fujimori's flight.  Amb. Lira reportedly answered that if the 
two governments were going to cooperate with one another, 
then neither side could start out assuming bad faith on the 
other's part. 
5.  (C)  The GOP and GOC appear to recognize that their 
relations need to be managed carefully at this delicate time. 
 The Ambassador has spoken twice with Prime Minister Pedro 
Pablo Kuczynski (PPK) on the need to ensure that the Peruvian 
navy does not take unilateral actions that would exacerbate 
tensions at this time, a sentiment with which the PM agreed. 
  DAO sources report that relations between the Peruvian and 
Chilean Armed Forces remain good, with both sides determined 
to keep the Fujimori extradition process and the maritime 
boundary dispute from impairing military-to-military ties. 
On 11/10, the Defense Ministries of both countries announced 
agreement that, as a confidence building measure, each 
country's previously scheduled military exercises and 
maneuvers in southern Peru and northern Chile would not/not 
be carried out.  Both countries also said that they would 
not/not call reservists in these areas to active duty, and 
that professional exchanges and coordination between the 
Armed Forces would continue as planned. 
 
--------------------------------------------- ------ 
HARSH WORDS FOR JAPAN AND AN AMBASSADOR COMING HOME 
--------------------------------------------- ------ 
 
6.  (U)  While Peru has been largely careful to maintain 
proper ties with Chile, the gloves are off with respect to 
Japan.  According to a Foreign Ministry communique, Foreign 
Minister Maurtua called in Japanese Ambassador Hitohiro 
Ishida on 11/8.  Maurtua, the communique reported, took issue 
with Japan's position that Fujimori is a Japanese citizen, 
pointing out that the ex-President entered Chile on his 
Peruvian passport and thereby, "exercised by his own choice 
Peruvian nationality;" declared that Japan consequently 
"lacked competence" to insist on exercising consular visits 
to Fujimori in jail; termed Japan's actions in this regard 
"unacceptable interference" with Peru's extradition request 
to Chile; complained that Japan had been dilatory in 
responding to Peru's extradition request to Tokyo; and 
expressed Peru's "surprise" that the GOJ had not informed 
Peruvian authorities of Fujimori's departure from that 
country. 
 
7.  (U)  Two days later, on 11/10, the Foreign Ministry 
issued another communique announcing that Peru's Ambassador 
to Japan, Luis Macchiavello Amoros, had completed his tour of 
duty and would be returning to Peru.  At first Maurtua stated 
that Macchiavello's departure was simply because he had 
"completed his cycle" at post (the Ambassador has served in 
Tokyo since 2000), adding that "he has had a good 
professional performance."  In subsequent testimony before 
the Congressional Foreign Relations Committee and comments to 
the media, however, the Foreign Minister acknowledged that 
Macchiavello's homecoming was connected to Peru's dispute 
with Japan, calling it a "political-diplomatic signal of the 
unhappiness of the Peruvian Government."  Maurtua also 
criticized Japan for its "lack of consideration" towards 
Peru, questioned the GOJ's political will to cooperate with 
respect to Fujimori, and declared that the GOP was "fed up" 
with its Japanese counterpart.  When asked if Toledo would 
meet with Japanese Prime Minister Junichiro Koizumi, the 
Foreign Minster was non-committal, noting that such a meeting 
was not on the President's agenda. 
 
8.  (C)  Maurtua appears to share Toledo's conspiracy 
theories, at least with respect to Japan.  In an 11/11 
conversation with the Ambassador, the Foreign Minister asked 
what the USG had heard from Japan regarding the Fujimori 
case?  The Ambassador replied that the GOJ had informed us 
that it had no/no advance knowledge of Fujimori's departure 
(Ref B).  Maurtua's body language in response clearly 
indicated that he did not buy the Japanese line. 
 
-------------------- 
THE EXTRADITION CASE 
-------------------- 
 
9.  (C)  GOP insiders, as noted in Ref A, have informed us 
that the Peruvian authorities were caught off guard by 
Fujimori's sudden arrival in Chile, and will have to scramble 
to assemble a well-founded extradition request by early 
January 2006, when Peru's 60-day preventive detention request 
will lapse.  A team of some 30 GOP officials, led by Ad Hoc 
Anti-Corruption State Attorney Antonio Maldonado, are working 
with the Justices of the Supreme Court's Transitory Criminal 
Chamber to prepare the files on the 21 criminal charges filed 
against Fujimori to date.  Once these files are complete, 
they are to be sent to the Cabinet for its review.  The 
Cabinet and President Toledo will then determine which cases 
to include in the formal extradition request.  According to 
our sources, the GOP recognizes that its current team does 
not/not have the capabilities required for the job and will 
hire private legal counsel.  In Lima, the authorities 
reportedly are negotiating with respected attorney and former 
Lima Bar Association President Jorge Avendano to lead the 
GOP's effort to assemble its extradition request.  Minister 
of Justice Alejandro Tudela informed the Congressional 
Foreign Relations Committee that the GOP has hired a top 
Chilean extradition expert, Alfredo Etcheberry, to handle its 
legal case before the Chilean courts.  Tudela added that 
Etcheberry will be paid a flat fee of USD 200,000, and, if 
successful in obtaining Fujimori's extradition to Peru, will 
receive an equal amount as a "bonus." 
 
--------------------------------------------- 
LABOR/HUMAN RIGHTS GROUPS SUPPORT EXTRADITION 
--------------------------------------------- 
 
10.  (C)  Local human rights organizations are actively 
supporting the GOP's efforts to extradite Fujimori. 
According to one Presidential Advisor, the Government has 
facilitated contacts between the families of the victims of 
the La Cantuta and Barrios Altos massacres with organizations 
in Chile representing the family members of those killed 
during the Pinochet regime (Ref A).  Ernesto de la Jara, head 
of the Legal Defense Institute (IDL:  a Peruvian NGO that 
provided legal services to opponents of the Fujimori regime), 
told us that an IDL group of experts is cooperating with the 
GOP legal team and has traveled to Chile to consult with 
legal and human rights experts there.  Finally, human rights 
NGOs and labor union centrals have organized a march against 
Fujimori in downtown Lima on the afternoon of 11/15, at which 
they hope to assemble 15,000-20,000 demonstrators to 
illustrate public repudiation of the ex-President and support 
for his extradition.  A poll carried out in Lima by the 
respected Apoyo consultancy on 11/10-11, found that 69 
percent thought Fujimori was guilty of human rights 
violations, while 67 percent were in accord with his 
detention in Chile. 
 
----------------------------------- 
PRESIDENTIAL CANDIDATES LARGELY MUM 
----------------------------------- 
 
11.  (C)  President Toledo, in his 11/9 meeting with the 
Ambassador, expressed concern that Fujimori's presence in 
Chile could have a negative influence on the upcoming 
electoral campaign, noting that all of the major presidential 
candidates are, "looking over their shoulder at Fujimori." 
Toledo's observation seems valid, as the three top 
presidential contenders -- Lourdes Flores, Alan Garcia and 
Valentin Paniagua -- have been somewhat reserved in their 
comments, emphasizing that the extradition proceedings are a 
legal matter, not a political one.  Flores, who has been 
accused of seeking to cultivate the pro-Fujimori vote, 
publicly declared on 11/13 at her Popular Christian Party's 
(PPC) National Congress that the PPC and the Unidad Nacional 
alliance that it belongs to will not/not nominate 
Fujimoristas as congressional candidates, and that she will 
not/not make any deal with Fujimori in return for votes. 
 
---------------------------- 
BUT FUJIMORISTAS IN DISARRAY 
---------------------------- 
 
12.  (U)  Following an initial burst of euphoria at their 
leader's return to the region, Fujimorista officials seem to 
be at a loss to respond coherently to the ex-President's 
arrest and detention in Chile.  Their cause was dealt an 
organizational blow on 11/8, when the National Electoral 
Board (JNE) affirmed a prior ruling that "Si Cumple," the 
major Fujimorista party, had violated its own procedural 
rules in selecting its leadership and amending the Party 
Charter.  As a result, the entire "Si Cumple" ("He Delivers") 
leadership has been declared vacant, while Party Statute 
provisions that granted Fujimori the authority to revise 
party regulations have been nullified.  Since the other two 
pro-Fujimori parties (Nueva Mayoria and Cambio 90) had agreed 
on 10/28 to unite for the 2006 elections with "Si Cumple" 
under the latter's banner, there is no/no official Fujimori 
leadership until "Si Cumple" can hold an extraordinary 
national congress, which is being organized for late 
November. 
 
13.  (U)  The JNE, on 11/9, also provided an indication that 
it will rule Fujimori ineligible to run for President in 
2006.  On that date it issued a communique to the legal 
representatives of registered parties cautioning them not to 
nominate as candidates for electoral office those political 
functionaries who have been found ineligible to hold public 
office under Article 100 of the Constitution.  The Congress 
has found a total of 27 former officials to be ineligible 
under this provision, including Fujimori. 
 
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COMMENT 
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14.  (C)  Toledo, who views himself as the man who brought 
down the Fujimori regime, can be expected to maintain his 
fixation on effecting his predecessor's extradition, an 
achievement that would cap off his own presidency. 
Consequently, the extradition process should continue to 
color Peru's relations with Chile until it is finally 
resolved.  Fujimori's departure from Japan provided an 
opportunity for the GOP to restore strained bilateral 
relations, but the Toledo Administration's frustrations over 
the ex-President's extended exile in Tokyo boiled over into 
confrontation.  Since Japan plays an important role here as a 
bilateral donor, and a moderate role as an investor and 
trading partner, it is to be hoped that the current hard 
feelings will subside.  Toledo's and Koizumi's attendance at 
the APEC Summit could provide the opportunity for a 
rapprochement.  END COMMENT. 
STRUBLE