9.
The State reported that there are “two criminal cases [...] being carried out by the
Second Supraprovincial Court”, namely: i) “Proceeding No. 44-05 against [former
Intelligence Director] and others as alleged co-perpetrators of the crime against Life, Body
and Health (Aggravated Murder by explosion and murder)” 22, and ii) “Proceeding No. 24-06
against former President Alberto K. Fujimori Fujimori as alleged indirect perpetrator of the
crime against Life, Body and Health (Aggravated Murder)” 23 both against Juan Bardales
Rengifo and others (41 victims)”. Moreover, it noted that on June 15, 2010, the National
Criminal Court declared the request issued by the Public Prosecutor’s Office admissible
regarding the “joining of proceeding N°67-2007”, which “remains in place against Alberto
Fujimori Fujimori for the crime of Aggravated Homicide – Murder, to the detriment of [40 of
the deceased victims that have been identified]”, to Proceeding N°44-2005, thereby
converting from here on out these two case files into Proceeding No°44-2005. These
proceedings “[were] joined in application of the [p]rinciple of responsibility and avoidance of
contradictory judgments, having been declared complex in differing stages per the request
of the Public Prosecutor’s Office […] and by decision of the Judiciary.” At the time the State’s
report of September 24, 2014 was sent, Proceeding N°44-2005 “was with the Public
Prosecutor’s Office in order for the respective Prosecutor’s Report to be issued”, after which
the “Indictment Act” would follow “with which the [o]ral [t]rial begins in order for the
corresponding judgment to be issued,” which could be “appealed by way of an Annulment.”
If an appeal were filed “a Supreme Prosecutor’s Report from the Public Prosecutor’s Office
would follow, which would lead to a Supreme Court Judgment […] which would finalize the
criminal proceeding.”
10.
In addition, the State made reference to the “extradition period for Alberto Fujimori
Fujimori.” In this regard, it noted that “[t]he Second Supraprovincial Court of the Supreme
Court of Justice of Lima requested the expansion of the active extradition of the former
president.” It noted that on September 12, 2007, “[b]y way of Supreme Order N°151-2007JUS […] the expansion of [his] extradition was authorized to Chile for the occurrences at the
Castro Castro Prison” and that on February 18, 2008 “[t]he Permanent Criminal Court of the
Supreme Court of Justice […] declared the request to broaden the active extradition
admissible […] in order for him to be prosecuted for the alleged commission of crimes
against Life, Body ad Health – Aggravated Murder (for premeditation and explosion) and
Severe Injuries, to the detriment of Juan Bardales Rengifo and others[, which] currently is
Case File N°44-2005.” Moreover, the State noted that “[i]t is the role of the Official
Extradition and Transport of Convicted Persons Commission to propose to the Council of
Ministers, by way of the Ministry of Justice and Human Rights, whether to accept the request
to expand the active extradition formulated by the competent judicial body.” Said
Commission gave its approval regarding the request to broaden the extradition on April 13,
22
The State reported that in this proceeding “the following procedural steps have been carried out": i)
formalization of the criminal complaint on May 30, 2005; ii) initiation of the "preliminary stage," "declared in two or
more opportunities of a complex nature" and in which "various measures have been carried out [such] as:
Preventive declarations of the victims [and] family members; Instructional Declarations, Testimonial Declarations,
Expert reports, [...] Judicial Inspections in the Miguel Castro Castro Prison (reconstruction of the facts);
Confrontation (between witnesses and survivors, family members and others) [which] have taken considerable
time”; iii) finalization of this proceeding with the Final Report of the Judge of the Second Supraprovincial Court and
said Judges reference on December 1, 2006 of the Prosecutor’s Report of the Public Prosecutor’s Office; iv) issuing
final Expansion reports the June 14, 2007, November 6, 2008 and May 11, 2009. (State Report of September 27,
2013, case file on monitoring of compliance with Judgment, tome V, folio 2451).
23
The State noted that in the proceeding initiated against former President Fujimori Fujimori "he is accused
of having ordered the planning and implementation of the plan 'Operative Transfer I' within the [e]stablishment of
the Lockdown Regime Miguel Castro Castro Prison, to murder members of the terrorist group Shinning Path, events
which occurred [...] between May 6 to 10, 1992 "(State Report of September 27, 2013, case file on Monitoring of
Compliance with Judgment, take V, folio 2451).
8