Peru dispatch: death of divisive ex-president Fujimori poses challenges for his movement and his country – JURIST

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Peruvian law students from the Facultad de Derecho y Ciencias Políticas, Universidad Nacional de San Antonio Abad del Cusco are reporting for JURIST on law-related events in or affecting Perú. All of them are from CIED (Centro de Investigación de los Estudiantes de Derecho, a student research center in UNSAAC’s faculty of law dedicated to spreading legal information and improving legal culture through study and research, promoting critical and reflective debate to contribute to the development of the country. Diego Gonzalo Huaman Pillco is a law student from UNSAAC and a member of CIED. He files this dispatch from Cusco.

“If execrable acts were committed, I condemn them, but they were not orders from the one speaking. I am innocent!” With this phrase, Alberto Fujimori, the controversial president of Peru from 1990-2000, defended his innocence during his 2007 trial for human rights violations. It was a crucial moment in his trajectory, as he would eventually be sentenced to 25 years in prison. Today, following his death last week on September 11, his words have even more relevance as the country continues to debate the legacy of one of the most controversial leaders in its recent history.

Alberto Fujimori died at the age of 86 after a prolonged battle with cancer. The news has reopened old wounds and divisions in a country still struggling to process its tumultuous recent history. For many, Fujimori was a hero who rescued Peru from a deep economic crisis and the threat of terrorism. For others, he was a dictator who violated human rights and unconstitutionally concentrated power.

For those unfamiliar with Peru’s history, it is important to understand the context in which Fujimori came to power. In 1990, the country faced a catastrophic economic crisis, with 7,000% hyperinflation and a growing armed conflict with the Sendero Luminoso group and the Movimiento Revolucionario Túpac Amaru (MRTA). Fujimori, an outsider in politics, won the elections by promising a radical and effective solution.

One of the most important and relevant episodes of his mandate was the self-coup of 1992. That year, Fujimori dissolved Congress and suspended the Constitution, arguing that it was necessary to implement his reforms and defeat terrorist groups. However, this action was severely criticized both nationally and internationally, being a clear example of violation of the rule of law.

Fujimori established an authoritarian regime that consolidated his power through decrees and collaboration with the Armed Forces. Although he was re-elected in 1995, his government was tainted by serious human rights violations, including the Barrios Altos and La Cantuta massacres, where a death squad called Grupo Colina killed 25 people. These crimes were the central axis of the trial that finally convicted him in 2009.

At the legal level, his case marked a milestone: it was the first time in Latin America that a former leader had been tried and convicted in his own country. His sentence included 25 years in prison for aggravated homicide and kidnapping, as well as a series of trials for corruption that revealed the level of collusion between his government and intelligence services. This event was a key moment in Latin American jurisprudence. Not only was he the first Latin American president to be convicted in his own country for crimes against humanity, but his case set a precedent on mediate responsibility in acts of state violence.

Furthermore, Fujimori was convicted of corruption, specifically for the illegal payment of 15 million dollars to his intelligence advisor, Vladimiro Montesinos, in an effort to silence him during the last days of his government. This scandal, along with the release of the famous Vladivideos, which showed the buying of congressmen, precipitated his fall in 2000 and his subsequent flight to Japan.

Fujimori’s impact did not stop there. In 2017, he was pardoned by President Pedro Pablo Kuczynski on humanitarian grounds, citing his delicate health condition. International bodies, such as the Inter-American Court of Human Rights (IACHR), played a fundamental role in ensuring that his pardon was reversed. Months later, the Supreme Court of Peru annulled the pardon, noting that it violated international law, and ordered his return to prison. The international impact did not end there. Globally, Fujimori was singled out by various human rights organizations such as Human Rights Watch and Amnesty International, who described him as a leader who allowed impunity in cases of torture, extrajudicial executions, and forced disappearances. These accusations, added to the evidence presented during his trial, solidified his image as a human rights violator on the global stage.

At the time of his death, Fujimori still faced pending trials. Among them, one of the most serious was the case of forced sterilizations, mostly of indigenous women. This case, which reached the Inter-American Commission on Human Rights, put in the world’s eye the way in which these women’s reproductive rights were violated, and although Fujimori was not specifically convicted for these acts, the damage caused continues to resonate with the victims and in the international legal sphere.

With Alberto Fujimori’s death, Fujimorism, the political movement he founded, faces an uncertain future. His daughter, Keiko Fujimori, has led the Fuerza Popular party in recent decades, but has failed in three attempts to reach the presidency. Keiko’s defeats have been, in part, the result of the strong opposition that still exists against her father, a political current known as anti-Fujimorism.

Despite his death, the Fujimori name remains a symbol of division in Peru. For many, Alberto’s figure is still that of a savior who brought peace and stability, but for others, he represents a regime that trampled on human rights and democracy. His legacy will be debated for a long time, but what is certain is that his impact on Peru’s legal and political history is profound and lasting.

Fujimori’s death does not mark the end of Fujimorism, but it does raise a question about its future. With its leader dead and his daughter Keiko facing her own legal problems, will the movement continue to be relevant in Peruvian politics? Or will this be the opportunity for Peru to finally reconcile with its past and move towards a new stage in its political history?

In any case, Fujimori’s figure will continue to be central to Peru’s history, not only for his impact on politics but for the legal legacy he left behind. His trial and conviction are a reminder that no one is above the law, and his death closes one of the most controversial chapters in the country’s recent history.

Opinions expressed in JURIST Dispatches are solely those of our correspondents in the field and do not necessarily reflect the views of JURIST's editors, staff, donors or the University of Pittsburgh.

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Peru dispatch: death of divisive ex-president Fujimori poses challenges for his movement and his country – JURIST

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