REPUBLIC OF CHILE: Chile / Peru: Chilean courts must extradite or try Alberto Fujimori

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7 Nov 2005
Topic: Individual at risk

Amnesty International today welcomed the detention of former Peruvian President Alberto Fujimori and called upon Chile to ensure that he stays in the country pending a judicial determination whether to extradite him to Peru or to try him in Chile.
Amnesty International considers that the widespread, and systematic nature of the human rights violations that were committed under the government of Alberto Fujimori between 1990 and 2000 constitute crimes against humanity under international law. During his term in office, Amnesty International documented hundreds of cases of "disappearances" and extrajudicial executions. In addition, torture and ill-treatment by the Peruvian security forces throughout the ten years that Alberto Fujimori was in power were widespread.

Regarding Chile’s responsibility in the case of Alberto Fujimori under international law, Amnesty International said:
“All states, including Chile, should exercise their jurisdiction to prosecute and punish crimes against humanity, including torture, and cooperate in the detection, arrest, extradition and punishment of persons implicated in these crimes, regardless of their nationality and of where the crimes were committed. “

These international obligations coincide with the 1932 extradition treaty between Peru and Chile, which states that crimes such as "homicide" "mutilations" and "serious injuries" against society cannot be regarded as "political crimes" for the effects of granting extradition.

Amnesty International considers that the Chilean authorities must either honour any extradition request from Peru, or exercise their duty to investigate and prosecute Alberto Fujimori in Chile.

Background information
Alberto Fujimori - Peruvian President between 1990 and 2000 -- was arrested in Chile early this morning and is being held in preventive detention. The former Peruvian president is facing charges of grave human rights violations and corruption in Peru.

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