Alberto Fujimori - Resignation, Arrest, Trial

Resignation, Arrest, Trial

Main article: Alberto Fujimori's arrest and trial

After his faxed resignation was rejected by the Congress, Fujimori was relieved of his duties as president and banned from Peruvian politics for a decade. He remained in self-imposed exile in Japan, where he resided with his friend, the famous Catholic novelist Ayako Sono. Several senior Japanese politicians have supported Fujimori, partly for his decisive action in ending the 1997 Japanese embassy crisis.

Alejandro Toledo, who assumed the presidency in 2001, spearheaded the criminal case against Fujimori. He arranged meetings with the Supreme Court, tax authorities, and other powers in Peru in order to "coordinate the joint efforts to bring the criminal Fujimori from Japan." His vehemence in this matter at times compromised Peruvian law: forcing the judiciary and legislative system to keep guilty sentences without hearing Fujimori's defense; not providing Fujimori with a lawyer in absence of representation; and expelling pro-Fujimori congressmen from the parliament without proof of the accusations against them. The latter action was later reversed by the judiciary.

The Toledo administration's review of the Fujimori administration led to the Peruvian Congress authorizing charges against Fujimori, in August 2001. Fujimori was alleged to be a co-author, alongside Vladimiro Montesinos, in the death-squad killings at Barrios Altos in 1991 and La Cantuta in 1992. At the behest of Peruvian authorities, Interpol issued an arrest order for Fujimori on charges that included murder, kidnapping, and crimes against humanity. Meanwhile, the Peruvian government found that Japan was not amenable to the extradition of Fujimori; a protracted diplomatic debate ensued, when Japan showed itself unwilling to accede to the extradition request.

In September 2003, Congressman Dora Dávila, joined by Minister of Health Luis Soari, denounced Fujimori and several of his ministers for crimes against humanity, for allegedly having overseen forced sterilizations during his regime. In November, Congress approved charges against Fujimori, to investigate how much he had been involved in the airdrop of Kalashnikov rifles into the Colombian jungle in 1999 and 2000 for guerrillas of the Revolutionary Armed Forces of Colombia (FARC). Fujimori maintains he had no knowledge of the arms-trading, and blames Montesinos. By approving the charges, Congress lifted the immunity granted to Fujimori as a former president, so that he could be criminally charged and prosecuted.

Congress also voted to support charges against Fujimori for the detention and disappearance of 67 students from the central Andean city of Huancayo and the disappearance of several residents from the northern coastal town of Chimbote during the 1990s. It also approved charges that Fujimori mismanaged millions of dollars from Japanese charities, suggesting that the millions of dollars in his bank account were far too much to have been accumulated legally.

By March 2005, it appeared that Peru had all but abandoned its efforts to extradite Fujimori from Japan. In September of that year, Fujimori obtained a new Peruvian passport in Tokyo and announced his intention to run in the Peruvian national election, 2006.

The Special Prosecutor established to investigate Fujimori released a report alleging that the Fujimori administration had obtained US$2 billion though graft. Most of this money came from Vladimiro Montesinos' web of corruption. The Special Prosecutor's figure of two billion dollars is considerably higher than that arrived at by Transparency International, an NGO that studies corruption. In its "Global Corruption Report 2004", Transparency International listed Fujimori as leading the seventh most corrupt government of the past two decades worldwide, estimating that the corruption may have embezzled USD $600 million in funds.

Undaunted by the judicial proceedings underway against him, which, citing Toledo's involvement, he dismissed as "politically motivated", Fujimori, working from Japan, established a new political party in Peru, Sí Cumple, in hopes of participating in the 2006 presidential elections. In February 2004, the Constitutional Court dismissed the possibility of Fujimori participating in those elections, noting that the ex-president was barred by Congress from holding office for ten years. The decision was regarded as unconstitutional by Fujimori supporters such as ex-congress members Luz Salgado, Marta Chávez and Fernán Altuve, who argued it was a "political" maneuver and that the only body with authority to determine the matter was the Jurado Nacional de Elecciones (JNE). Valentín Paniagua disagreed, suggesting that the Constitutional Court finding was binding and that "no further debate is possible".

Fujimori's Sí Cumple (roughly translated, "He Keeps His Word") received more than 10% in many country-level polls, contending with APRA for the second place slot.

On 7 April 2009 a three-judge panel convicted Fujimori on charges of human rights abuses, declaring that the "charges against him have been proven beyond all reasonable doubt". The panel found him guilty of ordering the Grupo Colina death squad to commit the November 1991 Barrios Altos massacre and the July 1992 La Cantuta Massacre, which resulted in the deaths of 25 people, and for taking part in the kidnappings of Peruvian opposition journalist Gustavo Gorriti and businessman Samuel Dyer. Fujimori's conviction is the only instance of a democratically elected head of state being tried and convicted of human rights abuses in his own country. Later on 7 April, the court sentenced Fujimori to 25 years in prison.