52
former President and payment of one billion New Soles as civil reparation in favor of the
alleged victims of the referenced cases.75
80(87) On June 30, 2004, the Special Criminal Chamber ordered the commencement of
trial and declared the existence of “grounds to initiate oral proceedings” against the former
President, who is the only accused in the case. Furthermore, defendant was declared on
default. 76
80(88) In case No. 19-2001, the Special Criminal Chamber of the Supreme Court of Justice
requested Fujimori’s extradition of (the Supreme Court of Justice) Transitory Criminal
Chamber, who admitted the request of active extradition on December 16, 2005. In turn,
the Supreme Court of Justice Investigation Board had submitted the same petition for
extradition in connection with other eleven cases instituted against that person, which were
admitted by the said Transitory Criminal Chamber.
80(89) On December 16, 19 and 20, 2005, the Commission in charge of reviewing the
petitions for active extraditions agreed to grant the extradition of the referenced accused.
80(90) On December 23, 2005, the President of the Republic, the president of the Council
of Ministers, the Minister of Justice and Minister of Foreign Affairs issued Supreme
Resolution No. 270-2005-JUS, whereby it was “agreed to consent the petition for active
extradition of the accused Alberto Fujimori Fujimori or Kenya Fujimori,” and it was agreed
“to proceed to this submission through diplomatic channels before the Republic of Chile.”77
The supporting grounds of this Resolution are norms laid out in Supreme Decree No. 04493-JUS, Law No. 24.710, Organic Law of the Judiciary and the Extradition Treaty signed by
Perú and Chile on November 5, 1932.78
80(91) On January 3, 2006, by means of diplomatic note No. (CEJ) 6/85 of the Embassy of
Perú in Santiago de Chile, Perú submitted twelve petitions for extradition, including the one
relating to the case of La Cantuta. Said petitions triggered extradition proceedings before
the Chilean Supreme Court of Justice.79
80(92) On May 18, 2006, in deciding an appeal, the Second Criminal Chamber of the
Chilean Supreme Court decided to provisionally release Alberto Fujimori-Fujimori on bail,
with a restraining order enjoining the accused from leaving Chile.80 These proceedings are
75
Cf. Official letter No. 570-2006 of August 8, 2006, issued by the ad hoc Prosecutor’s Office (Appendix 2 to
the written closing pleadings of the State, pp. 3788-9), and official letter No. 396-2006 of the ad hoc Prosecutor’s
Office, dated May 29, 2006 (record of Appendixes to answer to application, p. 3246).
76
Cf. Official letter re: AV-19-2001-SPE-CSJ of October 6, 2006, issued by the Special Criminal Chamber of
the Supreme Court of Justice (file with evidence to facilitate adjudication of the case, p. 4173).
77
Cf. Supreme Resolution No. 270-2005-JUS of December 23, 2005, (file with evidence to facilitate
adjudication of the case, presented by the State, pp. 4181-3).
78
Cf. Extradition Treaty between Perú and Chile, dated November 5, 1931 (file with evidence to facilitate
adjudication of the case, presented by the State, p. 4178).
79
Cf. Official letter No. 570-2006 of August 6 2006, issued by the ad hoc Prosecutor’s Office (record of
Appendixes to the written closing pleadings submitted by the State, pp. 3788-9).
80
Cf. Official letter No. 570-2006 of August 8, 2006, issued by the ad hoc Prosecutor’s Office (record of
Appendixes to the written closing pleadings submitted by the State, pp.s 3788-9).
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