22
56.
The Court now proceeds to consider and present in chronological order the
relevant facts that it considers proven and which result from examining the actions
of the State and the Inter-American Commission, and also the documentary,
testimonial and expert evidence submitted in this case.
56.1) Alberto Fujimori was elected President of Peru for a five-year mandate
on July 28, 1990, in accordance with Peru’s 1979 Constitution. Article 205 of
this Constitution does not allow immediate presidential re-election. On April
5, 1992, President Fujimori dissolved Congress and the Constitutional
Guarantees Court and dismissed many of the judges of the Supreme Court of
Justice. On October 31, 1993, the new Constitution of Peru was adopted by
a referendum, and it was promulgated on December 29, 1993. Article 112 of
the new Constitution establishes: “The presidential mandate is five years.
The President may be re-elected immediately for an additional period. Once
a minimum of another constitutional period has passed, a former president
may run for the presidency, subject to the same conditions;”13
56.2) When the 1995 General Elections were announced, President Fujimori
registered his candidacy and this was contested; therefore, by Resolution No.
172-94-JNE of October 26, 1994, the National Elections Board, exercising its
powers as final, definitive and non-appealable instance in electoral matters,
stated that, in the 1995 electoral race, President Fujimori was exercising his
right to re-election embodied in article 112 of the 1993 Constitution14;
56.3) On June 15 and 16, 1996, the new Constitutional Court was
appointed. This Court, described as “autonomous and independent”, was
composed of the following seven members: Ricardo Nugent (President),
Guillermo Rey Terry, Manuel Aguirre Roca, Luis Guillermo Díaz Valverde,
Delia Revoredo Marsano, Francisco Javier Acosta Sánchez and José García
Marcelo15;
56.4) On August 23, 1996, Law No. 26,657 or the Law on the Authentic
Interpretation of Article 112 of the Constitution was enacted. This Law
interpreted the said article by establishing that presidential re-election “was
related to and conditioned by the presidential mandates initiated after the
13
Cf. The Peruvian Constitution, promulgated on December 29, 1993, Tome I, Annex 1; action of
August 29, 1996, challenging the constitutionality of Law No. 26,657, filed by the Lima Bar Association,
Tome I, Annex 4; draft judgment of the Constitutional Court of November 20, 1996, signed on December
27, 1996, Tome I, Annex 6; judgment of the Constitutional Court of January 3, 1997, in file 002-96-I/TC,
declaring the act of interpretation No. 26,657 non-applicable, Tome I, Annex 7; and “judgment” of the
Constitutional Court of January 3, 1997, in file 002-96-I/TC, declaring unfounded the petition that Law No.
26,657 should be declared unconstitutional, Tome I, Annex 8.
14
Cf. Article 181 of the Peruvian Constitution, promulgated on December 29, 1993; draft judgment
of November 20, 1996, of the Constitutional Court, signed on December 27, 1996, Tome I, Annex 6;
judgment of January 3, 1997, of the Constitutional Court in file 002-96-I/TC declaring Interpretation Law
No. 26,657 non-applicable, Tome I, Annex 7; “judgment” of January 3, 1997 of the Constitutional Court in
file 002-96-I/TC declaring the action challenging the constitutionality of Law No. 26,657 unfounded, Tome
I, Annex 8; and Law No. 26,430 of January 5, 1995, published in the official gazette, El Peruano, on
January 7, 1995.
15
Cf. Article 201 of the Peruvian Constitution, promulgated on December 29, 1993, Tome I, Annex
1; Articles 1, 7 and 8 of the statute of the Constitutional Court, Law No. 26,435 promulgated on December
23, 1994, Tome I, Annex 2; Law No. 26,541, “Substituting Article 1 of the statute of the Constitutional
Court”, promulgated on October 12, 1995, Tome I, Annex 2; and legislative resolution of the Congress of
the Republic of Peru, No. 001-96-CR, on June 19, 1996, Tome I, Annex 3.