Judge repeals previous ruling on the APRODEV case

(IPYS/IFEX) – Judge Vera Abregú, of the 20th Lima Criminal Court, has illegally repealed that same chamber’s 11 May 1999 ruling ordering Ricardo Faisal, an Argentinian citizen and legal representative of the Association for the Defense of the Truth (Asociacion Pro Defensa de la Verdad, APRODEV), to remove articles defaming independent journalists from APRODEV’s web […]

(IPYS/IFEX) – Judge Vera Abregú, of the 20th Lima Criminal Court, has
illegally repealed that same chamber’s 11 May 1999 ruling ordering Ricardo
Faisal, an Argentinian citizen and legal representative of the Association
for the Defense of the Truth (Asociacion Pro Defensa de la Verdad, APRODEV),
to remove articles defaming independent journalists from APRODEV’s web page.
By repealing that decision, the judge has committed a “perversion of the
course of justice,” as magistrates cannot annul their own courts’ rulings.
The decision should have been made by a higher court.

**Updates IFEX alerts of 17 May, 20 April and 8 April 1999 and 2 December
1998**

On the day after Faisal was notified of the 11 May ruling, the two judges
who tried the case (one in the 20th Criminal Court, the other in the 47th)
were removed from their posts (see IFEX alerts). Since, one of the two
replacement judges (Abregú in the 20th court) has already repealed the
ruling. It seems quite likely that the 47th court ruling will similarly be
repealed, says IPYS.

APRODEV is an organisation devoted to maligning those opposed to the
government and is allegedly linked to the intelligence services, according
to some analysts. In connection with the same case brought forth by the
journalists against APRODEV’s legal representative, journalists Cecilia
Valenzuela, Luis Ibérico and the legal representative for businessman Baruch
Ivcher were summoned to appear before the 47th Lima Criminal Court on 20
May. Mysteriously, judge Abregú and the court stenographer were not present
and the hearing did not take place, despite the fact that the court itself
had made the summons.

It is IPYS’ opinion that, given these developments and the history of the
case, it appears that the removal, less than a week ago, of the two judges
from their posts, was aimed at obstructing justice.

Faisal has again been summoned by the 20th Criminal Court to appear at 9:00
a.m. (local time) on 25 May. If he again fails to appear, he should be
declared a criminal at large and a national warrant for his arrest should be
issued.

Recommended Action

Alberto Fujimori Fujimori

President of the Republic

Lima, Peru

Fax: +51 1 426 6535

Pedro Infantes Mandujano

President of the Lima High Court of Justice

Lima, Peru

Fax: +51 1 427 1600
Víctor Raúl Castillo Castillo

President of the Peruvian Supreme Court of Justice

Lima, Peru

Fax: +51 1 428 0803
Víctor Raúl Castillo Castillo

President of the Judiciary Executive Committee

Lima, Peru

Fax: +51 1 428 8903
Miguel Aljovín Swayne

Attorney General

Lima, Peru

Fax: +51 1 426 2474
Jorge Santistevan de Noriega

Ombudsman

Lima, Peru

Fax: +51 1 426 6657