20
e.
The congressional investigation and the investigation initiated de oficio by the
Public Prosecutor against Alberto Fujimori
60(50) In its session of May 26, 2003, the Permanent Commission of Congress
agreed to appoint a sub-commission to investigate and report on constitutional
complaint No. 3, filed by Congresswoman Mercedes Cabanillas Bustamante against
the former President of the Republic, Alberto Fujimori, for allegedly committing the
crime of the aggravated homicide of Pedro Huilca Tecse. Faced with the “alternative
of attributing the incriminating facts [to different persons or groups,] it chose to
receive the statements, not only of the eyewitnesses, but also of those who directly
or indirectly knew about the facts and the possible motives or causes” of the death of
Pedro Huilca Tecse.
60(51) The congressional
September 26, 2003.
investigative
sub-commission
met
from
June
6
to
60(52) Among other matters, during this congressional investigation, those who had
been prosecuted, tried and convicted for the murder of Pedro Huilca in the military
jurisdiction (supra para. 60(28)) alleged that, during the investigation, they had
been subjected to torture on the premises of the DINCOTE Police, where they were
obliged to sign statements acknowledging responsibility for the crime.
60(53) In its final report on constitutional complaint No. 3 (supra para. 60(50)) of
September 25, 2003, the congressional investigative sub-commission concluded:
FIRST. That there [was] reasonable evidence to consider that the accused, ALBERTO
FUJIMORI FUJIMORI, [was] the alleged mastermind of the crime of AGGRAVATED
HOMICIDE, described in Article 108 of the Penal Code, and that the perpetrators of this
crime were the so-called COLINA GROUP.
It [was] therefore in order to impeach ALBERTO FUJIMORI FUJIMORI.
SECOND. That the report w[ould] be forwarded to the Attorney General’s Office so that
it c[ould] be joindered to the existing investigation […] against the so-called Colina
Group.
60(54) In its eighteenth session on January 21, 2004, the Permanent Commission of
Congress adopted “the final report of the investigative sub-commission into
constitutional complaint No. 3, which concluded by recommending the impeachment
of the former President of the Republic, Alberto Fujimori”; and “decided that the subcommission responsible for defending the report before the plenary session […]
w[ould] formulate the impeachment relating to the said complaint.”
60(55) On April 14, 2004, the plenary session of Congress decided to adopt “the
draft legislative resolution of Congress that declare[d] that it was in order to impeach
the former President of the Republic, Alberto Fujimori, as the alleged mastermind of
the crime of aggravated homicide, described in Article 180 of the Penal Code, against
Pedro Huilca Tecse.”
60(56) On April 23, 2004, the Public Prosecutor’s Office formulated criminal charges
against the former President of the Republic, Alberto Fujimori Fujimori.
60(57) On May 6, 2004, the examining magistrate of the Supreme Court of Justice
issued the writ to open the pretrial proceedings for the crime of aggravated homicide
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