The Peruvian Constitutional Court ordered the immediate release of former President Alberto Fujimori on Monday, disregarding a resolution from the the Inter-American Court of Human Rights (IACHR) that the release should be blocked.
Despite Peru being bound by IACHR decisions, the Constitutional Court now asserts that the IACHR exceed its supervisory jurisdiction by ordering the non-execution of a national judicial decision. The court argued that Fujimori’s fundamental rights had been denied for the past six years due to the blockage of his release.
Fujimori was convicted in 2009 and sentenced to the maximum terms of 25 years for crimes against humanity, war crimes and corruption during his time as president between 1990 and 2000. In 2017, former President Pedro Pablo Kuczynski pardoned Fujimori on humanitarian grounds, in accordance with article 118.21 of the Peruvian Constitution. The pardon was granted based on Fujimori’s poor health. Kuczynski sought support from the Popular Force Party, led by Fujimori’s daughter, Keiko Fujimori.
The release was initially blocked by the Peruvian Supreme Court due to public uproar and pressure by the IACHR. In 2022, the Constitutional Court reinstated the pardon on appeal, holding it “founded.”
UN Human Rights Office shared its concern for accountability in Peru on Wednesday. In a post on X (formerly Twitter), the office stated, “Any humanitarian release of those responsible for serious human rights violations must be in line with [international] law.”