The order was issued after Judge Vicente Fernandez, who was to execute an ambiguous ruling issued on November 30, refused to do so because he lacked the power to do that grounded in the supranational justice ordered the Peruvian State to refrain from releasing the prisoner.
The TC added a call of attention to Fernandez and urged for “putting more diligence and zeal in the fulfillment of his functions at the moment of executing the sentences.”
The country’s highest court – TC has seven seats, but one of them is vacant; therefore, functions with only six, of which only three signed the resolution.
Jurists pointed out that ahead of a 3-3 tie vote, the head of Court Francisco Morales decides who is among the signatories of the ruling. This narrow majority challenged the ruling of the supranational justice, which ordered the Peruvian State to refrain from executing the original decision of the TC to activate Fujimori’s pardon in 2022, granted in December 2017 by the neoliberal ruler Pedro Pablo Kuczynski and annulled by the Judiciary for illegality.
The former president, convicted of crimes against humanity as the perpetrator of two massacres, returned to prison, and shortly thereafter, a habeas corpus petition requested that the pardon be made effective, to which the TC, with a composition of judges appointed by the conservative Congress, accepted it and declared the ruling of the previous TC to be in force.