Peru Congress Approves Prosecution of Fujimori
By Craig Mauro
Associated Press Writer
LIMA, Peru –– Prosecutors were given the green light by Peru's Congress
to charge former President Alberto Fujimori with crimes against humanity,
a move officials
hope will step up pressure on Japan to force the exiled leader to face
justice.
In a special session Monday night Congress voted 75 to 0 to lift Fujimori's
constitutional immunity, opening the way for prosecutors to file charges
of homicide and
forced disappearances for two massacres committed by a paramilitary
death squad.
Prosecutors have five days to file what will be the most serious charges
yet against Fujimori, 63, who fled in November to his parents' native Japan
as burgeoning
corruption scandals toppled his 10-year government.
Japan announced Fujimori was entitled to citizenship shortly after he
arrived and that he could stay. Japanese officials said they won't force
Fujimori to return to Peru
since Japanese law prohibits the extradition of its citizens to stand
trial for crimes committed in other countries.
So far Fujimori faces only charges of abandonment of office and dereliction
of duty, which carry a maximum two-year prison sentence, not enough for
Japan to even
consider an extradition request.
But Peruvian officials hope that charges of "crimes against humanity"
– what they say are politically motivated kidnappings and killings of groups
of people – would
circumvent the extradition issue altogether.
According to Peruvian legal experts, Japan would have to try Fujimori
for such charges in its own courts or send him to an international tribunal
because it has signed
international human rights treaties.
But one Japanese lawyer who specializes in international law said it
was "extremely questionable" whether Fujimori would be tried in Japan for
murders committed in
Peru.
Kazuo Ito said such a trial would require evidence that Fujimori had
a direct role in specific murders, not just that he was aware of the existence
of a death squad and
took no steps to dismantle it.
In the vote Monday, Congress approved an investigative committee's report
that says Fujimori is responsible for the actions of the so-called Colina
group, a
shadowy death squad allegedly run by jailed ex-spy chief Vladimiro
Montesinos.
Members of the Colina group gunned down 15 people at a fund-raising
barbecue at a Lima tenement building in 1991. The group also kidnapped
and executed nine
students and a professor at La Cantuta University in 1992.
The attacks were believed to be strikes at collaborators of the Shining
Path, a Maoist-inspired guerrilla group that ravaged Peru during the 1980s
and early 1990s
with car bombings, assassinations and sabotage. The violence dropped
off sharply after the capture of key rebel leaders in 1992.
Congressman Daniel Estrada, head of the investigative committee, told
said evidence collected by his group showed clearly that the death-squad
killings were part of
the Fujimori government's strategy to battle the guerrillas.
The massacres "could not have occurred without the consent of the highest spheres of power," Estrada said, in presenting his committee's recommendation.
The report cites testimony from Fujimori's former military chiefs, former
intelligence agents and a secretly filmed videotape from 1998 in which
Montesinos tells two
former officials that the Colina massacres "came from" Fujimori.
There was no immediate reaction to Congress' decision on Fujimori's
"From Tokyo" website, which he launched in July to defend himself against
what he calls "vulgar
political persecution."
In a message posted earlier Monday, Fujimori called the homicide charges "preposterous" and said they were part of a conspiracy against him.
© 2001 The Associated Press