Alberto Fujimori: Peruvian State must abide by order of the IACHR and stop the release of former president

Constitutionalist Aníbal Quiroga said that the request of the Inter-American Court of Human Rights is above the ruling of the Constitutional Court.

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The Inter-American Court of Human Rights (IACHR) ordered the Peruvian State to refrain from complying with the ruling of the Constitutional Court (TC), which reinstated the pardon in favor of former President Alberto Fujimori Fujimori.

For the constitutionalist Aníbal Quiroga, the Government must abide by this requirement and suspend the release of the former president, who for bureaucratic reasons is still inside the Barbadillo prison in Ate.

“Peru has been subject to the contentious jurisdiction of the IACHR Court since January 81. We signed a treaty that binds us, which is why the Court has more authority than the internal courts, including the TC,” he told Canal N.

“A request has been received for the provisional suspension of the execution of the nullity of the annulment and the restitution of the pardon, ordering the Peruvian State to refrain from executing this release until the Court decides that provisional or precautionary measure,” he said.

For this reason, the State must suspend the procedures for the release of Fujimori Fujimori on the spot. “According to a law that Peru gave at the time of Alejandro Toledo, these decisions are carried out directly without the need for validation or other procedures. They are executed as if they were an order of the highest court of justice,” Quiroga said.

“The release will no longer be able to be given. The Inter-American Court of Human Rights is superior to the Constitutional Court and has ordered it to refrain from executing it,” he added.

When asked whether the Peruvian authorities can ignore this request of the IACHR, the constitutionalist explained that the possibility is possible, since there is no “international police” to force its execution.

However, the expert pointed out that he does not believe that the Peruvian State ignores this order because of the position previously expressed by the Executive on the release of the former president. “I would venture to say that it is a decision of the Court that is in line with what the Government thinks, so the order will be executed quickly and with great joy,” he said.

Quiroga said that “it is a great ignorance” to say that the Inter-American Court of Human Rights cannot give orders to any country. “What the IACHR says is as if it were the highest court of justice in this country. To say otherwise is to reveal a great ignorance of how the Inter-American Human Rights system works. There is not one judgment of the Court that has not been carried out,” he said.

Finally, he estimated that the execution of this order would be between today and tomorrow. “We have to wait for the resolution to come out, the States comply with resolutions. I imagine it will be at the end of the day or at the beginning of tomorrow, so I make it difficult for the release to take place, because there is already a statement from the Court saying that they do not listen to the TC”, he concluded.


Keiko Fujimori testified about Alberto Fujimori's early release after his departure from Barbadillo prison. The former candidate for the presidency of Peru said she was very enthusiastic about the president's release, however, these statements were made just before the IACHR's position and pronouncement were known, which would curb the dreams of the leader of Fuerza Popular.

“We understand that the decision of the Constitutional Court is in the courtroom and that the courtroom has to pass to the court and then to the INPE. We hope that all these procedures will allow my father to be able to leave tomorrow (Thursday), he said.

“He talked to Sachi, he was able to see him and although it is true, he is happy with this resolution, he is also a little anxious and that is why we are coordinating not only the visit to pass all the medical examinations, but also that the transfer can be done in an ambulance, he said.