MercoPress. South Atlantic News Agency

Peruvian court sends case against Keiko Fujimori back to square one

The case against Keiko Fujimori goes back now to the indictment phase

Peru's Third Criminal Court Monday annulled Keiko Fujimori's trial for the irregular financing of her 2011 and 2016 electoral campaigns, citing a previous sentence from the Constitutional Court (TC). As per this split ruling, the case moves back to the indictment phase for Fujimori and the other more than 30 defendants.

Justice Juana Caballero García explained that, by a majority, the court has applied the TC ruling issued in December, which ordered the charges against former pro-Fujimori party Fuerza Popular leader José Chlimper for this same case returned to the indictment phase. The court also noted that there were vices in the indictment that made the continuity of the trial untenable.

“To develop a trial with a deficient indictment constitutes an open door to arbitrariness since the principle of procedural congruence is put at risk,” Justice Max Vengoa also argued. “The defendant is put in a position of uncertainty,” he added.

Fujimori's legal team had requested the TC precedent applied to their client. Hence, the TC ordered the Prosecutor's Office to issue a new indictment.

The trial formally began on July 1 against Fujimori and 45 other defendants, whom the Public Prosecutor's Office accuses of allegedly committing the crimes of criminal organization, money laundering, false declaration in administrative proceedings, generic falsehood and obstruction of justice. The Public Prosecutor's Office was seeking a sentence of 30 years and 10 months in prison for the daughter of former President Alberto Fujimori.

In her dissenting vote, Justice Nayko Coronado claimed there was no legal norm allowing the annulment of an ongoing trial and that this annulment violated the principle of legality and due process.