Attacks on Justice 2002: Peru

Latin America
Issue: Independence of Judges and Lawyers
Document Type: Publication
Date: 2002

The collapse of the Government of Alberto Fujimori prompted the country to take steps towards the re-establishment of the rule of law, including the dismantling of the system that had allowed for the proliferation of untenured judges.

The transitional Government once again confirmed Peru’s recognition of the contentious jurisdiction of the Inter-American Court of Human Rights and allowed the Constitutional Tribunal to resume its functions by reinstating the three justices who had been dismissed by the Fujimori-controlled Congress.

The Inter-American Court ruled that the 1995 amnesty laws lacked judicial effect.

A Truth Commission with the mandate to report on human rights violations and abuses which had occurred since 1980 was established. Former Presidential advisor, Vladimiro Montesinos, as well as a number of other military officers were arrested on charges of corruption and human rights violations.

A unanimous Congress indicted former President Fujimori for crimes against humanity. He has remained in Japan, where the authorities have not responded favourably to Peru’s extradition requests. Military courts, which offer few guarantees of due process, remained in some instances competent to judge civilians under the law.

Peru-attacks on justice 2002-publications-2002 (full text, PDF)

 

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