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Human rights violations for which Fujimori's extradition was authorized (go) |
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Corruption charges (go) |
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Other human rights violations that occurred during the presidency of Alberto Fujimori (go) |
Former President Alberto Fujimori was accused of crimes in twelve cases. However, the Second Criminal Division of the Supreme Court of Chile authorized extradition in only seven cases. Included in those seven cases are two cases that pertain to human rights: the case of the Barrios Altos and La Cantuta massacres and the case of the Army Intelligence Service basements.
Corruption charges
Fujimori was extradited for five corruption cases:
1.- The Search and Seizure Case, for the crimes of usurpation of powers and abuse of authority.
Once Fujimori learned of the videotapes that served as evidence of the corruption that permeated his government realized that investigations against Vladimiro Montesinos were beginning, Fujimori exercised powers that the President of the Republic does not have. For example, Fujimori ordered that the houses of Trinidad Becerra, Montesinos’ wife, be searched in order to find and hide evidence that could incriminate the president. Fujimori arraigned that personnel working under the command of the president impersonate prosecutors in order to carry out the illegal search. In doing so he abused the authority given to him by the Constitution.
The acts occurred on November 7, 2000, and took place with the complicity of the armed forces and the police, who acted under the direction of a phony prosecutor. The group seized several suitcases and boxes full of documents and videos without making any inventory of what was taking or leaving any receipt or record of the seized property. After the operation ended, the seized materials were transferred in official vehicles to Air Group Nº 8 and later to the Presidential Palace in order to be handed over to Fujimori. Fujimori then manipulated the contents of the materials and pulled out the materials that could incriminate him before her handed over the remainder of the materials to the Forty-First Special Criminal Court of Lima.
2.- The Case of the Fifteen Million Dollars, for the crimes of illicit association to commit a crime, embezzlement, and inserting false statements in a public document (falsedad ideológica)
Alberto Fujimori arraigned for a payment of 52,500,000 Peruvian Nuevo Soles, which at the time was worth US$ 15,000,000, to Vladimiro Montesinos. The money is thought to have been brought from the Ministry of Defense and handed over to Montesinos as an illegal extra “compensation for time served” as the Fujimori’s advisor. On September 19, 2000, Fujimori issued Emergency Decree Nº 081-2000, which added the money to the budget of the Ministry of Defense. This emergency decree was declared in an irregular manner that did not follow the established legal procedures. It also violated the framework for issuing decrees that the Constitution establishes. The decree was also justified on false grounds and inexistent “reasons of national security,” as the President claimed that the money was destined to support “Plan Sovereignty,” a supposed plan to prevent Colombian armed groups entering Peruvian territory. Instead the money was given directly to Vladimiro Montesinos in cash under the President’s orders.
On November 2, 2000, the same day that the government publically acknowledged that three Swiss bank accounts under Montesinos’ name had been found, Fujimori attempted to hide the fact that he had paid Montesinos be giving four suitcases filled with $15 million to the Minister of Defense in order to be deposited to the treasury. The handover of the money took place in the presidential palace in the presence of the Minister of Economy and Finance and the Vice Minister of the Treasury. It is not known where the money originally came from.
3.- The Case of the Turncoat Congressmen, for the crimes of illicit association to commit a crime and active corruption of authorities.
Beginning in April 2000 money was diverted from the state to the National Intelligence Service to create a fund to finance corruption. These funds were used to make illegal payments to several congressmen who were elected in the 2000 elections. Alberto Fujimori and his advisor, Vladimiro Montesinos, organized to pay bribes to recently-elected congressmen from the opposition parties to switch over to the ruling party once sworn into office. The purpose of this bribery was to obtain a solid majority for the ruling party within Congress. The politicians who accepted the bribes and made the sudden switch of parties became widely known in Peru as the congresistas tránsfugas, or turncoat congressmen. Bribes were also paid to some congressmen who were instructed to continue to be formally aligned with the opposition but to vote with ruling party. These congressmen became known as the topos, or moles. The Minister of Defense, the Minister of the Interior, and the Chiefs of the Armed Forces have confirmed that Fujimori and Montesinos organized to carry these acts out.
4.- The Wiretapping Case, for the crimes of telephonic interference or eavesdropping, illicit association to commit a crime, and embezzlement.
The interception and eavesdropping on telephone conversations of politicians, journalists, and others who opposed the Fujimori regime persisted at a national level throughout Fujimori’s government. This criminal activity was systemized from July 28, 1990 to November 17, 2000 under “Plan Emilio.” To implement this plan, Alberto Fujimori illegally used state funds..
To commit this crime, Fujimori formed a criminal organization with his advisor Vladimiro Montesinos Torres and the high command and officers of the armed forces (the Army, the Navy, and the Air Force), who were charged with carrying out the plan. The execution of the interception of phone calls was overseen by Peruvian Army Commander Roberto Huamán, who acted under the supervision of Montesinos.
5.- The Chinese Tractors and Mass Media Case, for the crimes of illicit association to commit a crime, embezzlement, and usurpation of powers.
Chinese Tractors : In exercising his powers as President of the Republic, Fujimori used state funds to finance the acquisition of tractors from the National Corporations of the People’s Republic of China through several legal organs that facilitated the adjudication process in favor of the China National Construction and Agricultural Machinery Import & Export Corporation. The machinery that was aquired was used by Fujimori himself in his activities. Two contracts were signed in this deal.
In the first contract, 3,000 tractors and other pieces of agricultural equipment were acquired for US $23,022,865. In the second contract, 1,100 tractors, machinery, and pieces of agricultural were acquired for US $34,767,131. It was determined that 454 tractors were inoperative upon receipt, and that a further 231 were never received. The value of these broken and missing tractors was $10,560,000. After the purchase, Fujimori exercised powers not granted to him by law by directly taking control of the distribution of the tractors. In order to do so, the Chief of Military Affairs of the Presidency of the Republic told the Minister of Agriculture that the equipment would be directly administered by the President. This situation continued until 1999.
Mass Media: State funds were used to secretly buy the cable channel CCN (Channel 10) and the editorial line of the newspaper Expresso in order to control the news media during Fujimori’s second reelection, which is to say that state funds were used for Fujimori’s personal benefit. In order to do so, Fujimori coordinated with Vladimiro Montesinos Torres and delegated the financial transactions to him. Montesinos paid CCN $2,000,000, which represented 75% of its shares.
Mr. Eduardo Calmell del Solar, owner of Expreso, was bribed with $1,750,000. In order to commit these crimes the president created a criminal organization designed to provide funds to the National Intelligence Service which were to be used to secretly buy off and bribe the news media. In addition to Fujimori and Montesinos, the General Commanders of the Armed Forces, José Villanueva Ruesta of the Army, Elesvan Bello Vásquez of the Air Force, and Américo Ibárcena Amico of the Navy, were also a part of this criminal organization.
The former president can only be tried in Peru for the cases which were approved by the Chilean Supreme Court. The following cases were not approved by that court:
- The SUNAT-Borobio Payment Case, for the crimes of illicit association to commit a crime and embezzlement.
- The Faisal/Aprodev Case, for the crimes of illicit association to commit a crime and embezzlement.
- The Chinese Medicine Case, for the crimes of illicit association to commit a crime disloyal collusion.
- The Diversion of Funds Case, for the crimes of illicit association to commit a crime, aggravated embezzlement, and two charges of crimes related to inserting falsehoods in a public document (falsedad material and falsedad ideological).
- The Emergency Decrees Case, for the crimes of illicit association to commit a crime, disloyal collusion, embezzlement, diversion of funds, inserting falsehoods in a public document, and war-like favoring of a foreign state or treason against the fatherland.
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