b) the proceeding No. 67-2007, ‘against Alberto Fujimori Fujimori for the crime of
aggravated homicide—murder” to the detriment of the same 40 persons
considered aggrieved persons in the proceeding No. 44-05, 26 was joined to the
mentioned proceeding No. 44-05, and
c) Regarding proceeding No. 24-06, for the crime of serious injury against Mr. Fujimori,
the Second Supraprovincial Criminal Court resolved on April 28, 2008 “a request to
the Supreme Court [...]petitioning by way of the Executive Power of the Republic of
Chile, for the authorization to process and prosecute the extradited Peruvian citizen
Alberto Fujimori Fujimori in Peru” for two crimes: i) aggravated homicide of 40
victims declared “identified deceased inmates” in the Judgment, and ii) serious
injury to the detriment of 6, declared “surviving victims” in the Judgment. 27 The
relevant authorities of the Judiciary made efforts in this regard, but the Executive
has not addressed a request for extension of the extradition to the State of Chile.
18.
The Court appreciates the joining of proceedings No. 44-2005 and No. 67-2007 in
June 2010 (supra Considering clause 17), which may contribute positively to the
effectiveness and due diligence in the investigation of the facts. Fiscal and judicial
authorities expressed, respectively, that joinder is “not only appropriate and even necessary
as it will enable [...] the concentration of the presentation of evidence, 28 and that “the
defendants in the two case files will appear as the alleged perpetrators of the same
punishable act” and that “under the principle of joinder of charges, [joinder allows for]
avoidance of the possibility of conflicting rulings.” 29
19.
The Court also notes that both proceedings have been declared "complex" and are
currently in "preliminary stages." However, the Court finds that the State has failed in its
duty to investigate, within a reasonable time, the allegations in this case, identify and punish
those responsible, since more than 20 years have passed since the occurrence of the facts
and more than eight years have passed since the start of the criminal investigation of these
facts, leaving the proceedings in preliminary stages. As a consequence, the violations in this
case remain unpunished.
20.
Additionally, the Court notes that in both proceedings (44-2005 and 24-2006),
regarding the crime of aggravated homicide, Mr. Agatino Chavez has not been included as
an “aggrieved” person, who according to the Judgment of this Court is one of the victims
(“identified deceased inmate”). Moreover, from the information provided, the Court finds
that former President Alberto Fujimori is only under investigation for the crime of serious
injury (proceeding no. 24-06) and that only 6 victims (2 “inmate victims of sexual violence,”
3 “injured inmates” and 1 “unharmed inmate”) are included as “aggrieved.” 30 In this sense,
it is not evident in the case file on the monitoring of compliance that all the violations of
Judgment, tome V, folios 2581 a 2587). Likewise, Cf. Case of Miguel Castro Castro Prison Merits, Reparations, and
Costs, supra note 2, para. 197.70.
26
Order issued by the Criminal National Chamber in case file No. 4405 of June 15, 2010 (annex 8 to the
State’s report of September 27, 2013 (case file of Monitoring of Compliance with Judgment, tome V, folio 2588 to
2592 to 2592).
27
Order issued by 2nd Supraprovincial Criminal Court in case file No. 24-06 of April 28, 2008 (annex to the
State’s brief with “certified copies of the principal procedural pieces” of August 4, 2009, case file of Monitoring of
Compliance with Judgment, tome II, folios 748 to 762).
28
Brief signed by Senior Deputy Prosecutor, Head of the National Criminal Prosecutor’s Office of September
4, 2007 (annex 7 to the State’s report of September 27, 2013, case file of Monitoring of Compliance with Judgment,
tome V, folios 2581 and 2582).
29
Order issued by the National Criminal Chamber in case file No. 44-05 of June 15, 2010 (annex 8 to the
State’s report of September 24, 2013, case file of Monitoring of Compliance with Judgment, tome V, folios 25882592).
30
Cf. Order issued by the 2nd Supraprovincial Criminal Court en el case file No. 24-06 of April 28, 2008
(case file of Monitoring of Compliance with Judgment, tome II, folios 748 to 762).
11