Juan Brignardello Vela
Juan Brignardello, asesor de seguros, se especializa en brindar asesoramiento y gestión comercial en el ámbito de seguros y reclamaciones por siniestros para destacadas empresas en el mercado peruano e internacional.
The recent decision by the Judicial Power of Peru has reopened a controversial chapter in the legal history of former president Alberto Fujimori and the case of forced sterilizations that took place during his government. The Fourth National Superior Criminal Liquidating Chamber has annulled the criminal charges against him, which has generated diverse reactions in the political and social spheres. The ruling means that the case returns to the initial stage of criminal complaint, specifically to March 2019, implying that all proceedings and procedural acts that occurred between 2021 and 2023 are nullified. Fujimori's defense attorney, Elio Riera, has described the decision as a political victory for his client, who has expressed interest in participating in future presidential elections. In statements to the media, Riera expressed satisfaction with the judicial ruling, asserting that it demonstrates Fujimori's innocence in a case that has been a point of controversy for over two decades. "Politically, it is very favorable, because it fully demonstrates that the former president has committed no crime," he stated. The attorney also committed to closely monitoring the next steps in the judicial process, hopeful that his client will finally achieve a dismissal of the case. This perspective of justice is particularly interesting in the current context, given that the former president has faced multiple cases throughout his career, but the case of forced sterilizations has been one of the most significant due to the serious human rights violations it entails. Riera argued that the Judicial Power's decision is a recognition of the violations of Fujimori's fundamental rights. According to the lawyer, it has never been convincingly established what the charges against him would consist of. "There has never been the necessary accusation; that is, it has never been clarified in any moment how the former president would have committed or would have been part of the supposed criminal act," Riera emphasized. The case has been filed away multiple times over the years, which Riera considers evidence of the lack of strength in the accusations. Despite this, the lawyer did not rule out the need to investigate other related cases, although he noted that such an investigation should not automatically imply Fujimori's guilt in the implementation of family planning policies that resulted in non-consensual sterilizations. On the other hand, human rights organizations have expressed their discontent with the judicial decision, arguing that Fujimori should be held accountable for the actions of his government. In light of this reality, Riera acknowledged that they respect the opinions of these organizations, but reiterated that Fujimori's defense adheres to what the Judicial Power establishes. The context of this ruling is not isolated. In a country where the historical memory of governmental abuses still resonates, the case of forced sterilizations serves as a reminder of the consequences of poorly implemented public policies. The tensions between justice, politics, and collective memory are palpable, and every judicial decision seems to have an impact beyond the legal realm. The inclusion of the Third Specialized Supra-Provincial Prosecutor's Office in Human Rights and Interculturality, which will now have to adjust its accusation to the new Criminal Procedural Code, suggests that the path to justice in this case is not entirely closed. However, the timelines and judicial bureaucracy could further prolong a process that is already lengthy and painful for many victims. Meanwhile, the figure of Alberto Fujimori continues to polarize Peruvian society. Reactions to the Judicial Power's decision reflect a wide spectrum of opinions and sensitivities that not only echo the country's past but also its current and future political struggles. The ruling is merely a new chapter in a long history of conflicts over human rights, justice, and politics in Peru.