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.

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Extradition Issues
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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.

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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.
STRUBLE

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