24.
The Court notes that the parties submitted information or made reference to the
request to Chile to expand the extradition of former President Alberto Fujimori in relation to
the investigation and prosecution of the facts in this case (supra Considering clauses 10 and
12). The Court takes note of the information provided and recalled that the Judgment
stipulated that the obligation to investigate the facts of this case implies that Peru adopt “all
necessary measures, judicial and diplomatic, to prosecute and punish all those responsible
for the violations that took place"(supra Considering clause 7). The request for international
cooperation by means of extradition to prosecute persons charged criminally for serious
violations of human rights is an important tool to eradicate impunity. On this point, the
Court considered it pertinent to mention that the Judgment took into account the importance
of dealing with initiating criminal proceedings against former President Alberto Fujimori, who
is credited with having planned and executed the "Operative Transfer 1" (supra Considering
clause 6). In this case, the extradition is presented as a necessary measure to prosecute
and possibly criminally punish in Peru for crimes that occurred, considering that, according
to Peruvian law “one can only be prosecuted and sentenced for the offense or offenses which
have been subject to agreement in the extradition.” 36 Accordingly, Peru must move forward
and take the necessary steps with extreme diligence so as to put in place the extension of
the extradition of the former president and ensure that the fact that it remains pending does
not constitute an impediment to the continuation of the investigation and determination of
other matters entailing criminal responsibility.
25.
In view of the foregoing, the Court concludes that the measure of reparation
regarding the obligation to investigate the facts in this case is pending compliance.
Therefore, the Court requires the State to provide updated and detailed information in its
next report (infra operative paragraph 4) on: i) the progress regarding joinder of the
criminal proceedings No. 44-2005 and No. 24-2006, and that reference be made as to the
observance of the criteria established by the Court regarding the proper way to fully comply
with the obligation to effectively investigate (supra Considering clauses 6 to 8 and indicated
in paragraphs 307 to 408 of the Judgment); ii) which facts that are considered violations in
the Judgment that would be under criminal investigation and the reasons why those facts
not included were not criminally investigated; iii) clearly indicate the number of accused
persons and victims, explaining the reasons why they would not be considered victims in
this case, to which it should refer to the observations of the common interveners and the
Commission thereof, and iv) the status of the request for extension of the extradition of
former President Alberto Fujimori that is currently being processed, indicating which state
organ or authority still has to adopt any steps in this regard and explain, if applicable, the
reasons why it has not done so. Moreover, taking into account the request of the common
intervener Feria Tinta, and due to the lack of complete and detailed information regarding
the criminal proceedings, the Court asked Peru to submit all case files.
B. Ensure that information and documentation regarding police investigations
be conserved (Operative paragraph nine of the Judgment)
B.1) Measure ordered by the Court
36
Order issued by the National Criminal Chamber in case file No. 44-05 of November 9, 2007 (annex 7 to the
State’s report of September 24, 2013, case file of Monitoring of Compliance with Judgment, tome V, folios 2583 to
2587).
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