FUJIMORI UPDATE: PERU'S SUPREME COURT APPROVES

C O N F I D E N T I A L SECTION 01 OF 02 LIMA 004986 SIPDIS E.O. 12958: DECL: 11/18/2015 TAGS: PGOV KJUS PE SUBJECT: FUJIMORI UPDATE: PERU'S SUPREME COURT APPROVES NINE COUNTS FOR EXTRADITION REQUEST; FORMER FUJIMORI CONGRESSMAN BELIEVES... id: 45972 date: 11/23/2005 14:25 refid: 05LIMA4986 origin: Embassy Lima classification: CONFIDENTIAL destination: 05LIMA4842|05LIMA4861|05LIMA4915 header: This record is a partial extract of the original cable. The full text of the original cable is not available. -------------- header ends -------------- C O N F I D E N T I A L SECTION 01 OF 02 LIMA 004986 SIPDIS E.O. 12958: DECL: 11/18/2015 TAGS: PGOV KJUS PE SUBJECT: FUJIMORI UPDATE: PERU'S SUPREME COURT APPROVES NINE COUNTS FOR EXTRADITION REQUEST; FORMER FUJIMORI CONGRESSMAN BELIEVES EX-PRESIDENT WAS POORLY ADVISED ON TRAVELING TO SANTIAGO REF: A. LIMA 4915 ¶B. LIMA 4861 ¶C. LIMA 4842 Classified By: D/Polcouns Art Muirhead for Reason 1.4 (D) ¶1. (C) SUMMARY. Peru's Supreme Court has approved nine different cases for inclusion in the Fujimori extradition request to Chile. Upon his return to Lima from the APEC Summit, President Toledo would not comment on the specifics of his talks about Fujimori with Japanese PM Koizumi and Chilean President Lagos, but he appeared upbeat about the prospects for improved relations with Japan. A former Fujimorista Congressman told Emboff that Fujimori was poorly advised by his legal advance staff in Santiago; that the Fujimorista remnant parties are fully reconciled and will present a single congressional candidate list in February; and that the Fujimoristas are seriously considering putting forth a woman as their presidential candidate. END SUMMARY. -------------- Extradition Issues -------------- ¶2. (U) Peru's Supreme Court has approved the inclusion of nine different cases in the extradition request for former President Fujimori that will be forwarded to the Cabinet for a final decision on what should be submitted to Chile. The charges involved in these cases include: illegal authorization of a raid on former Intelligence Advisor Vladimiro Montesinos' house in 2000; illegal retirement of military officers; diversion of public funds from the National Intelligence Service (SIN) to the Presidency; improper payments to publicist Daniel Borobio; improper payments to astrologer Hector Faisal; illegal wiretapping; allowing Montesinos to usurp the management of the SIN; irregular acquisition of the Cable News Channel; and irregular purchase of medicine from China. Prison terms for these offenses would range from 8-12 years. ¶3. (U) On 11/15, the Investigatory Justice of the Supreme Court, Jose Luis Lecaros, rejected one of the cases forwarded by the Justice Ministry for inclusion in the extradition file. The charge that Fujimori had illegally abandoned the Presidency in 2000 was set aside on grounds that this would not be a criminal violation in Chile, but rather an administrative offense punishable by a fine. Under the terms of the 1932 Peru-Chile Treaty, an extradition can proceed only if it refers to a crime punishable by at least one year in jail in both countries. The Court will probably dismiss the charge that Fujimori covered up Montesinos, flight, on grounds that this would not be a criminal offense in Chile. -------------- Toledo at APEC -------------- ¶4. (C) President Toledo was able to work on the Fujimori issue at the APEC Summit in South Korea, despite the fact that Toledo's initial request for a meeting with Japanese PM Koizumi was rejected on the grounds that the latter had "no space on his agenda." Upon his return to Lima on 11/21, Toledo said he did not want to politicize the Fujimori affair, and would not reveal the substance of his conversations with Koizumi and with Chilean President Ricardo Lagos. Toledo seemed upbeat about the future direction of Peruvian-Japanese relations, stating that he had encountered great openness and collaboration in his talk with Koizumi. Foreign Minister Maurtua seconded this in a private conversation with the Ambassador on 11/21. Maurtua said that GOP fears that Japan might try to hinder Fujimori's extradition to Peru were assuaged. -------------- Anti-Fujimori Demonstration -------------- ¶5. (U) Thousands of protestors (estimates ranged from 2,000 to 14,000; we lean toward the former) took part in an 11/15 anti-Fujimori march that began in downtown Lima and ended in front of the Chilean Embassy. Protest activity both in favor of and against the ex-President seems to be diminishing here, as it now appears Fujimori will remain in custody in Chile while the extradition process moves forward. -------------- A Former Congressman's Comments -------------- ¶6. (C) Deputy Polcouns discussed the Fujimori situation at a 11/17 lunch with former Congressman Fernan Altuve. Altuve served in the Congress with Fujimori's Peru 2000 Party prior to the "auto-coup" of 1992. He is a historian and a constitutional lawyer who has claimed to have been in frequent contact with Fujimori during his Japan exile. Although still a Fujimori partisan, Altuve tends to speak frankly, and ironically when it suits him. He offered the following observations about the current situation: -- Fujimori went to Chile thinking he could control the situation and stay out of jail once he got there. In this sense, Fujimori was very poorly advised by the legal advance staff he had working in Santiago. He was said to be in the process of hiring former Chilean Foreign Minister Hernan Felipe Errazurriz as part of his team of advisors. (NOTE: Lima papers reported this week that Fujimori has hired two new Chilean attorneys, one of whom, Gabriel Saliaznik, represented former Argentine President Menem during his Chilean exile. END NOTE.) -- The people that were referred to an 11/17 article in leading daily "La Republica" as the team that put together Fujimori's trip were for the most part a bunch of idiots, especially (former Ambassador to Germany) Luis Silva Santiesteban and (former Mayor of Miraflores) German Kruger. Altuve wasn't familiar with Jorge Bejar, a Fujimori associate who's been identified in some reports as an American citizen. -- The different Fujimorista remnant parties are fully reconciled and united behind their leader. They will present a single congressional candidate list, as close as possible to the February 8 deadline. They are seriously considering putting forth a woman as a presidential candidate (no specifics on whom),someone who's dynamic, representative of Peruvian womanhood and not a "fat old maid" like Lourdes Flores. Whoever is chosen to run will be selected personally by Fujimori. -- There is a guiding hand behind the more favorable publicity appearing in "La Razon" (the Lima daily linked to Fujimori's and Montesinos' interests) for the "charismatic" political leaders (Fujimori, Alan Garcia and Ollanta Humala), and there could be some kind of electoral collaboration among these in the presidential second round. 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