Fujimorismo: A perennial shadow destabilizing Peru’s democracy

Peru’s former president Alberto Fujimori remains a polarizing figure. His policies helped the country out of a cycle of hyperinflation and terrorism during his government from 1990 to 2000. However, he also utilized authoritarian tactics to rule the country. Fujimori used the military to dissolve Congress and the Colina paramilitary group to launch a war on terrorism. At the start of his third presidential term in 2000, Fujimori fled to Japan and sent his resignation by fax after leaked videotapes showed his spy chief, Vladimiro Montesinos, bribing members of Congress. Five years later, he flew to Chile, where he planned to launch his candidacy for the 2006 presidential election in Peru. After a lengthy process, Chile extradited Fujimori to Peru in 2007. On 7 April 2009, Fujimori was sentenced to 25 years in prison for his role in extrajudicial killings, abductions, enforced disappearances, and corruption. Fujimori has neither expressed remorse for his crimes nor paid the civil reparation of 15 million dollars.

On 6 December 2023, Fujimori was released from prison after serving 16 years of the 25-year prison sentence. This was the result of a long process that started on Christmas Eve of 2017 when then-president Pedro Pablo Kuczynski (PPK) pardoned Fujimori. Kuczynski claimed that a humanitarian pardon was necessary for national reconciliation and governability.  However, most political observers considered it as the repayment for a political favor. Three days before, Kuczynski narrowly avoided a bid by Congress to impeach him over graft charges in connection to payments from the Brazilian construction giant Odebrecht. Odebrecht bribed politicians in ten countries in exchange for lucrative construction contracts. Kuczynski was able to survive his first impeachment, thanks to the support of Kenji Fujimori.

Then congressman Kenji Fujimori, son of Alberto Fujimori and a Congressman, led a group of nine lawmakers from his party, Fuerza Popular, to abstain from the vote and go against the wishes of the party leader.  That leader was Keiko Fujimori, daughter of Alberto Fujimori, who was not only spearheading Kuczynsky’s impeachment but also using the power of her party over the legislative body to contend with the executive power, further destabilizing the country. The tentacles of the Fujimoris and Fuerza Popular go beyond both the legislative and executive powers of the government. Their activities extend to the judicial system and the powerful business sector. Kenji and two members of his party were convicted on influence peddling charges relating to the Mamanivideos corruption scandal, but he successfully avoided serving the 4-year sentence in prison. Kenji and his siblings Sachi and Hiro were also involved in the Limasa case, a money laundering case related to a business entity of the Fujimoris. In turn, Keiko is accused of illegally receiving money from Odebrecht. She received a reduction of her pretrial detention thanks to judges involved in the White Collar Port Case.

The Inter-American Commission on Human Rights (IACHR), the United Nations (UN), and other human rights organizations expressed their concerns over the decision of the Constitutional Tribunal of Peru to implement the pardon on humanitarian grounds because the decision did not comply with Peru’s international obligations or decisions made by the Inter-American Court of Human Rights. The Court stated that any legal measures taken to protect the health, life, and integrity of an individual convicted of human rights violations and crimes against humanity must minimize their effect on the victims' right to access justice and that they must only be implemented in very extreme cases where there is an urgent need for them. UN experts stated in 2018 that “[i]mminent terminal illnesses can give rise to pardons; however, such benefits cannot be granted owing to the mere passing of time, the age of the person, or the general physical or mental state resulting from age”. 

A few months after his jail release, Fujimori’s health experienced a miraculous recovery. In a fortuitous encounter between the press and Fujimori at a mall in February 2024, Fujimori gave political statements, revealing that his party, Fuerza Popular, has an agreement to keep current President Dina Boluarte in power until 2026. This statement is significant because Fuerza Popular has been the most powerful party in the unicameral Congress since 2016 and officials from Fujimori’s government continue to hold powerful roles in the government. 

President Dina Boluarte became Peru’s first female president in December 2022 after the failed coup and subsequent impeachment of former president Pedro Castillo. No president has finished a full term since 2016, and lawmakers in Peru are eager to flex their impeachment powers. When Dina Boluarte was vice president under Castillo, she was not in favor of granting a humanitarian pardon to Fujimori. Yet now as president, she complied with the decision of the Constitutional Tribunal. Fujimori’s support to President Boluarte is critical if she wants to get to 2026 amid her low-approval ratings and Rolexgate, the latest accusation of abuse of power.

Fujimori’s pardon has implications for the wider region. Not only does it pit the government of Peru against the Inter-American System of Human Rights but it also has ramifications for neighboring countries. In 2021, the government of Peru requested Chile, from where Fujimori was extradited, for permission to start a judicial process for additional criminal cases.  If the extradition extension is successful, Fujimori could be tried for eight additional cases, over half of which involve human rights violations. These cases include the mass forced sterilization of mostly indigenous and poor rural women and the Pativilca massacre of six farmers. Another serious case is his involvement with the trafficking of arms to the Revolutionary Armed Forces of Colombia, also known as FARC.

In conclusion, the Fujimoris, Fuerza Popular, and its power network have contributed to the erosion of the rule of law and democratic institutions, the metastatic growth of corruption at all echelons of government, and the prevalence of impunity.

Image Credits: AP Photo/Martin Mejia | Edited by GorStra Team