The Human Rights Trial of Former Peruvian President Alberto Fujimori: A Milestone in the Global Struggle Against Impunity Conference Executive Summary An international symposium Convenors: Jo-Marie Burt, George Mason University and Carlos Rivera Paz, Instituto de Defensa Legal (IDL) Lima, Peru, May 19-20, 2010 With the support of the Latin American Program of the Open Society Institute The Fujimori trial represents a significant milestone in the struggle against impunity and for the consolidation of the rule of law in Peru. But the Fujimori trial transcends the domestic context in important Synopsis ways. George Mason University and the Instituto de Defensa Legal invited renowned international experts to participate in this symposium to reflect on the significance of the Fujimori trial and verdict for anti- impunity efforts in Peru and beyond. Conference Organizers: Conference Co-sponsors: Center for Global Studies The symposium, “The Human Rights Trial of Former President Alberto Fujimori: A Milestone in the Global Struggle against Impunity,” was a collaborative effort organized by George Mason University and the Instituto de Defensa Legal (IDL) to draw local and international attention to the global significance of the Fujimori trial. It was the fifth of a conference series organized by Mason and IDL starting in 2008 with the support of the Latin America Program of the Open Society Institute focusing on the Fujimori trial and the ongoing struggle to combat impunity in Peru and Latin America more broadly. Information about these events, including rapporteur reports and a working paper series, are available at the project website, http://cgs.gmu.edu/HRJDProject.htm. In contrast to the significant publicity generated by the Fujimori trial, little is known about the hundreds of other cases currently in various stages of the judicial process in Peru. The Human Rights Trials in Peru project emerged in response to this lacuna to document and analyze trends in judicial activity involving cases of grave human rights violations. Directed by Professor Jo-Marie Burt at George Mason University in close collaboration with Peruvian human rights organizations and victims associations, the project seeks to provide concrete and reliable information about the status of trial activity in Peru, and to serve as a resource and advocacy tool for lawyers, survivors and relatives of victims, journalists, researchers, and state prosecutors. The project website can be viewed at http://rightsperu.net. © All rights reserved 2011 This publication may be reproduced in its entirety or in part as long as authorship is duly cited and referenced. Published by: Center for Global Studies, George Mason University 3401 Fairfax Drive MS 1B9 Arlington, VA 22201 cgs.gmu.edu Layout and design: Arnaud Kurze The Fujimori Trial n April 7, 2009, a three-judge panel ization of human rights cases to analyze of Peru’s Supreme Court found the national and international significance Oformer President Alberto Fujimori of the Fujimori trial and the extent to guilty of individual criminal responsibility which this and other similarly successful in four cases of grave human rights viola- trials are contributing to combating impu- tions committed during his administration nity in Peru and Latin America. As a result (1990-2000) and sentenced him to 25 years of the high quality of the presentations, the in prison. In January 2010, the Supreme organizers decided to publish the confer- Court unanimously upheld this sentence ence proceedings. Individual presentations on appeal. by participants were edited for publication in Spanish by Jo-Marie Burt, George Mason The trial of Fujimori was a very important University, and Ernesto de la Jara, IDL’s milestone in the fight against impunity and Executive Director. This Executive Sum- for the consolidation of the rule of law not mary, prepared by Joanna Drzewieniecki, only in Peru but also elsewhere in Latin synthesizes the key debates and themes America and around the world. Neverthe- raised at the conference. The prosecution of less, despite this highly significant prec- edent, there continues to be considerable he importance of the Fujimori trial Alberto Fujimori, political pressure from various social actors for Peru, for Latin America, and for together with (including right-wing political parties, Tinternational human rights jurispru- other human former supporters, and the military, among dence cannot be underestimated. This was others) in Peru to put an end to the process the first time that a once democratically rights and of judicialization of human rights cases. elected president was tried for human corruption trials Similar challenges exist elsewhere in Latin rights violations in an unimpeachable judi- America. cial process, setting an important interna- of members of tional precedent. The trial was also further his regime, marks This context of considerable accomplish- evidence that national courts are becoming the first time in ments combined with well-founded increasingly effective venues for account- concerns for the future prompted George ability for human rights violations with Peru’s history Mason University and the Instituto de important international implications. that powerful Defensa Legal (IDL) to organize an inter- national conference analyzing the Fujimori In Peru, the Fujimori trial, together with political actors trial and verdict as well as other processes other human rights and corruption trials of have been tried of judicialization of human rights viola- members of the Fujimori regime, marked and convicted in tions currently underway in Peru. The the first time in the country’s history that conference was convened by Jo-Marie powerful national political actors have trials recognized as Burt, Associate Professor at George Mason been tried and convicted in trials recog- fair and legitimate University and Carlos Rivera Paz, Head nized as fair and legitimate — a truly of the Legal Team at IDL. Held in Lima historic achievement. — a truly historic on May 19-20, 2010, the conference was achievement. co-sponsored by the Coordinadora Nacio- The trial was also remarkable because the nal de Derechos Humanos (CNDDHH), Peruvian judicial system is known to be the Asociación Pro-Derechos Humanos corrupt and dysfunctional and is not held (APRODEH), and the Department of in high esteem by the public. Despite this, Social Sciences of the Pontifical Catholic the Fujimori trial was characterized by University of Peru, and was made possible scrupulous adherence to the law and pro- thanks to the support of the Latin Ameri- tection of the rights of everyone involved. can Program of the Open Society Institute It was also exceptionally well-organized. (OSI). It was the fifth in a conference series The trial is regularly characterized as “im- organized by Mason and IDL with OSI peccable” and “irreproachable” and polls support focusing on the Fujimori trial and at the time the trial ended indicated that the ongoing struggle to combat impunity 70% of Peruvians accepted the verdict. in Peru and Latin America more broadly. n terms of international jurisprudence, The conference brought together Peruvian the trial “perfected, deepened, reaf- and international experts on the judicial- Ifirmed, and crystallized the fundamen- The Struggle Against Impunity 1 Center for Global Studies tal elements for establishing and specifying laws at the time they were committed, and the individual criminal responsibility of that amnesties cannot be granted for the someone who is at the summit of power commission of such crimes. of an apparatus dedicated to committing crimes,” according to conference partici- Finally, the trial also had a special meaning pant Federico Andreu-Guzmán. The gist for survivors and relatives of the vic- of the legal reasoning employed is that a tims of the crimes of which Fujimori was person can be held responsible for hu- convicted and for victims of other similar man rights violations if these violations crimes who were “spiritually present” were carried out when he/she had com- at the trial, in the words of human rights mand authority or control of an organized lawyer Carlos Rivera. According to Gisela apparatus of power, an organ of which Ortiz, from the association of relatives of carried out these human rights violations. the victims for whose murders Fujimori The origin of this legal reasoning, known was convicted, the trial restored dignity as autoría mediata, is attributed to German to these victims, officially recognized that jurist Claus Roxin. Before the Fujimori trial, they were not terrorists, and provided the Peruvian courts already had used this official acknowledgment of their history. doctrine in the trial of Shining Path leader Most importantly, the relatives felt that jus- Abimael Guzman. The Fujimori court’s ap- tice was done. However, this feeling was As soon as he plication of this doctrine is currently being undermined somewhat when the media came to power, studied by jurists in other countries and it revealed that Fujimori has been receiving is expected that it will be increasingly ap- unusually good treatment in jail and, for a President Alan plied in cases where criminal conspiracies while, even seemed to run his party head- García arranged exist but where there is only circumstantial quarters from the prison compound built for lawyers to be evidence of responsibility. especially for him. provided for all In addition to establishing the criminal any factors played a role in mak- members of the responsibility of Fujimori in human rights ing such a successful trial pos- military who were violations, the trial verdict was also the Msible. Conference participants first major judicial statement in Peru estab- highlighted both factors specific to Peru accused of human lishing that during the period of political and those which must exist for successful rights violations. violence there was a systematic and gener- trials to take place anywhere. The most im- alized pattern of human rights violations portant element is political support. In the No such provision and that carrying out a “dirty war” was a case of Peru, steps to assure accountability was made for the state policy.