¿Quién pagó a los chuponeadores?
Posted: 24 May 2011 10:58 PM PDT
En foto de abril de 2010, el actual ministro del Interior, Miguel Hidalgo; y el jefe de la Dirandro, general PNP Carlos Morán, señalan las contradicciones de las declaraciones de Giannotti en relación a su manifestación ante la Fiscalía (Foto: IDL-Reporteros).
Por Romina Mella.-
Si hubiera que definir con una sola palabra la estrategia de Giselle Giannotti en la investigación sobre el espionaje industrial que practicó Business Track (BTR), esta sería: Rashomon. El proceso judicial que se sigue en su contra por los delitos de interceptación telefónica y asociación ilícita para delinquir hoy inicia su etapa final.
En sus primeras declaraciones a la Fiscalía, a inicios de 2009, Giannotti aseguró que desconocía qué información estaba en los dispositivos USB confiscados durante su detención. Un año más tarde, cuando se hizo público el ‘cambiazo’ de dos USB su versión cambió drásticamente. Dijo que en los dispositivos manipulados habían estado los audios que involucraban a los ex ministros Jorge del Castillo y Hernán Garrido Lecca en el asunto de las concesiones petroleras y la construcción de hospitales, respetivamente.
Giannotti también lanzó graves acusaciones contra quienes la investigaron en la Policía: el actual ministro del Interior, general PNP (r) Miguel Hidalgo; y el general PNP Carlos Morán, jefe de la Dirandro.
Giannotti sostuvo que Hidalgo y Morán la habían “maltratado” durante su detención en la Dirandro, además de manipular los archivos digitales que le habían incautado. Ambos oficiales negaron lo dicho por la analista y la retaron a que se someta a una prueba del polígrafo. El asunto quedó ahí. (Ver: “Que el polígrafo diga quién miente”)
Hasta ahora ni Giannotti ni ningún miembro de BTR había revelado ante los medios quiénes financiaron el espionaje industrial.
Ahora, IDL-Reporteros tomó conocimiento que Giannotti dio información relevante sobre los financistas del chuponeo durante una conversación informal con Morán, que tuvo lugar en la sede de la Dirandro durante su detención, en enero de 2009.
Giselle Giannotti a la salida de una diligencia judicial (Foto: La República).
En una entrevista con IDL-R, el general Carlos Morán confirmó la conversación con Giannotti.
- ¿Cómo fue la conversación que usted tuvo con Giselle Giannotti, qué les refirió, quiénes estuvieron detrás del chuponeo, en qué circunstancias se hizo y qué descubrieron detrás de ese chuponeo?
Efectivamente y eso no lo dice en una declaración firmada, oficial. Al decir oficial me refiero a una declaración ante el fiscal y su abogado. A modo de conversación ella ante los investigadores que la tenían a cargo les comentó que había una red de personas que contrataban los servicios de BTR para que puedan hacer trabajos de interceptación telefónica ilegal, básicamente orientados a la competencia de estos empresarios. Ella hacía unas apreciaciones de cómo se manejaba este negocio y estas tratativas. En ese sentido dio algunas pistas para que la Policía pueda profundizar el tema.
Es en ese ínterin ella, a través de terceras personas, entrega una información digital sobre conversaciones que involucraban a empresas azucareras y lácteas. Los que supuestamente se chuponeaban eran los de la competencia para saber qué hacían. Allí aparece el tema de Cartavio (del Grupo Gloria), (Agroindustrial) Laredo (forma parte del grupo empresarial colombiano Manuelita S. A., cuya actividad principal es la producción y comercialización de azúcar), de Laive con Gloria.
-¿Cartavio y Laredo eran chuponeados?
Ella señalaba básicamente al Grupo Gloria como el que financiaba el chuponeo, pero no se podía probar eso porque era un comentario de ella. Y quería que la Policía o la Fiscalía le den profundidad al tema. En el atestado policial se considera un rubro muy específico, que dice que se ha hecho un acta de hallazgo de archivos digitales con conversaciones de personas desconocidas. Todo, según ella, indicaba que el Grupo Gloria era el que financiaba estas escuchas ilegales.
General Carlos Morán explica sobre USB de Giselle Giannotti, en entrevista a IDL-R en abril de 2010 (Foto: IDL-Reporteros).
-¿Indicó si se hacía directamente con BTR o a través de intermediarios?
Había un marino retirado que era el que trabajaba para este grupo empresarial, que era el contacto con BTR y lo señala. Inclusive hay publicaciones periodísticas que identifican a estas personas.
-Al que llamaban ‘Careva’.
Cara de vaca.
-Que habría sido el intermediario.
Sí. Entonces de esta información que va saliendo vamos haciendo algunos avances y confirmamos la identidad, su posición laboral con la empresa.
-¿Pero ustedes investigaron más la línea de información que ella dio?
Claro. Confirmamos las cosas que decía sobre la vinculación comercial. Había un interés comercial en ese grupo, por un lado entrar en cementos, lácteos y compañías azucareras que era de la competencia. Lo que decía ella tenía cierto grado de comprobación. Hablaba de una cementera mexicana Cemex, y de la cementera Otorongo, que eran competencia de Cementos Yura (empresa del Grupo Gloria).
Y cuando hablaba de Laive, que era competencia de leche Gloria, ella decía: si es que ustedes encuentran audios de chuponeo de empresas que son competencia, entonces deduzcan quién financia esto. Y comenzamos a comprobar esta situación, no a establecer responsabilidad. Pero si era coherente que había una relación causa efecto. Lo mismo pasó con Cartavio.
-Entiendo que uno de los chuponeados era la empresa Manuelita.
Sí, Manuelita.
-Y también al Grupo Oviedo.
-No mencionó al Grupo Oviedo. Una de las compañías chuponeadas era Manuelita. El Grupo Gloria tenía la compañía que había entrado. Ellos tenían interés en saber cómo se manejaba la compañía, cuáles eran las pretensiones o las proyecciones económicas de vender o de comprar. Entonces ellos querían esa información. Ese era un espionaje industrial.
(Giannotti) Trazaba hipótesis muy interesantes que había que profundizar. Pusimos por escrito que había que investigar sobre los que financiaban esos audios. Pedimos ampliar la visualización de la información que aparecía en las computadoras, pero se cortó por los motivos que todos conocemos y eso lo asumió la juez.
-Entre la información que ella hizo llegar a través de terceros, ¿había conversaciones registradas? ¿Recuerda quiénes eran los que estaban interceptados en esas comunicaciones?
Eran conversaciones de teléfonos fijos. Grababan conversaciones de la secretaria o de funcionarios de empresas. Se sacó copia y todo se puso a disposición.
-Pero eran conversaciones entre los funcionarios de las compañías chuponeadas…
Claro.
-De Laive, y de las azucareras.
De Laive no encontramos, de las azucareras sí.
-¿Ella prosiguió después con la colaboración?
Ella lanzó una interesante propuesta en el sentido que se podía demostrar el grado de colaboración y esclarecer todo esto. ¿Cómo se frustra esta colaboración? Para darle un beneficio de colaboración tiene que aceptar ser culpable. El fiscal dijo que ella no podía colaborar por fuera. Ese fue un motivo de discordia. Al final ese conflicto se acentuó y ya se cortó todo.
-¿Llegaron a escuchar material grabado de los micrófonos que estaban en la suite de Canaán?
Lo que escuchamos y se visualizó era información que los detenidos tenían en ese momento. Se sacó copia de los dispositivos de almacenamiento digital pero no de todos los detenidos. La idea era encontrar algún elemento vinculante con el ilícito penal. Con Ponce comenzamos, luego avanzamos con Tomasio y terminamos con Giannotti, y con lo que declararon los suboficiales de la Marina y los equipos se encontraron en esas casas de escucha, suficiente para armar un atestado y formular cargos.
-Tengo entendido que la información captada de los micrófonos en la suite de Canaán la poseía Giannotti y estaba dentro de los dispositivos recuperados en su casa.
Yo tengo acá USB pero necesariamente tienen que ser grabados en una matriz. Yo no creo que ella haya tenido todo grabado de la matriz en los USB y que esté todo en su casa. Tiene que haber copias. Si ella dice, como dicen algunos, que toda la información está ahí. ¿Entonces dónde está el resto? Si hubiera conversaciones en la suite de Canaán.
-Pero claro que las hubo…
Yo no niego eso.
-Incluso en parte de lo que ustedes sacaron con el dispositivo hush claramente hay una parte que corresponde a eso.
Esa información que se sacó y se imprimió está en el expediente judicial. Pero el contenido auditivo está en el Poder Judicial completo. Si hay información en la suite de Canaán deben de estar ahí. Porque si aparecen los impresos debe estar en el audio.
-Sobre la matriz de la que extrajo la información, ¿ustedes nunca tuvieron una idea de dónde estaban esas computadoras, esos discos duros?
Nosotros registramos la computadora de Ponce, de su base, de su empresa, incautamos las computadoras de los procesados, pero como le dije, no se llegó a abrir toda la información. Solo sacamos copia de un 8 por ciento de lo incautado. Imagínese todo lo que faltaba. Yo creo que alguien a nivel judicial ha sacado copia de todo y está visualizado. La Policía tuvo solo una parte.
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Wikileaks. Cable 68387
Posted: 24 May 2011 02:08 PM PDT
| id: |
68387 |
| date: |
6/16/2006 16:39 |
| refid: |
06LIMA2415 |
| origin: |
Embassy Lima |
| classification: |
CONFIDENTIAL |
| destination: |
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| header: |
| |
VZCZCXYZ0014 PP RUEHWEB DE RUEHPE #2415/01 1671639 ZNY CCCCC ZZH P 161639Z JUN 06 FM AMEMBASSY LIMA TO RUEHC/SECSTATE WASHDC PRIORITY 1052 INFO RUEHBO/AMEMBASSY BOGOTA 3570 RUEHCV/AMEMBASSY CARACAS 9603 RUEHLP/AMEMBASSY LA PAZ JUN QUITO 0466 RUEHSG/AMEMBASSY SANTIAGO 0654 RUEHBR/AMEMBASSY BRASILIA 6845 RUEHGL/AMCONSUL GUAYAQUIL 4285 RUMIAAA/CDR USCINCSO MIAMI FL |
—————– header ends —————- C O N F I D E N T I A L LIMA 002415 SIPDIS SIPDIS E.O. 12958: DECL: 06/15/2016 TAGS: PGOV, KCRM, PINR, PE SUBJECT: FUJIMORISTAS LOOKING FORWARD TO COOPERATING WITH GARCIA GOVERNMENT IN RETURN FOR “IMPARTIALITY” Classified By: Polcouns Alexander Margulies. Reason: 1.4(d). 1. (C) SUMMARY: Legislators-elect Keiko and Santiago Fujimori, in a 6/12 meeting with Polcouns, said that their 13-member congressional bloc would be disciplined, and is prepared to work constructively with the incoming Garcia government in return for an end to “political persecution” and “impartiality” in the legal treatment of ex-President Alberto Fujimori. The Fujimoristas praised President-elect Alan Garcia’s political acumen, thought that they could reach an arrangement with him that would satisfy both parties, and expected the Apristas would continue to detach legislators elected on Ollanta Humala’s Union por el Peru (UPP) ticket. They expressed concern, however, over the social situation in isolated rural areas, particularly in the pro-Humala south, which they thought could be incited to violence by Humala or his followers. They doubted that the Garcia administration would have the time or capability to adequately address these demands in time to affect the November regional/municipal elections. END SUMMARY. 2. (C) Polcouns met for 90 minutes with legislators-elect Keiko and Santiago Fujimori, who were accompanied by former minister and President of Congress Jaime Yoshiyama, at Santiago Fujimori’s office on 6/12. In a wide-ranging discussion, the Fujimoristas addressed the following issues: – RELATIONS WITH THE GARCIA GOVERNMENT: Keiko and Santiago were confident that the 13-member Fujimorista legislative bloc will remain loyal and disciplined, thereby providing them with significant leverage in a divisive and inexperienced Congress. They hope to have a “constructive” relationship with the incoming Garcia Government, and will support policies that promote fiscal responsibility, increased foreign and domestic investment, free markets and free trade (including implementation of the Free Trade Agreement – Keiko said that she would ask her father to phone current Fujimorista legislator Marta Moyano to ensure that she backs the FTA), increased compensation for “losers” in the FTA, particularly in the agricultural sector, and augmented social spending, especially in rural areas. In return, they expect an end to the “political persecution” of Fujimoristas carried out under the current administration of President Alejandro Toledo, as well as “impartial” treatment for ex-President Alberto Fujimori in the extradition and criminal cases against him. Santiago declared that an ideal solution would be a deal under which Alberto could return to Peru and help siphon off votes from Humala in the November regional/municipal elections. Keiko commented that she doubted Garcia’s ego would countenance her father’s presence in Peru, but Santiago rejoined that he thought an arrangement could be worked out. – PRAISE FOR GARCIA: Yoshiyama was effuse with praise for Garcia’s and the Apristas’ political acumen. He noted that the President-elect is not/not one to bear grudges, and, despite having been the focus of criminal proceedings by the Fujimori Government, has let the Fujimoristas know that they will not/not face similar treatment under his government (NOTE: Keiko, Santiago and Yoshiyama have all faced criminal processes since Alberto went into exile, and Santiago currently is prohibited from leaving the country in connection with criminal charges related to the purchase of the presidential jet. END NOTE). Keiko and Santiago agreed that Garcia and his followers are adept at negotiating with other political forces, and put political expediency ahead of ideological or moral purity. Keiko said that the Fujimoristas are open to talks with the Apristas, while Santiago and Yoshiyama indicated that such talks are already underway, the latter naming several former Fujimori-era officials who could serve as ministers under Garcia. – BUT CONCERN ABOUT APRA’S CAPABILITIES: Santiago thought that Garcia’s stated policies of political inclusion, government austerity, openness to globalization and the world economy, and increased social programs for marginalized areas were the right way to go, but expressed doubts that the President-elect has the time or human resources necessary to make an impact in time to affect the regional/municipal elections. The APRA leader needs to start to build a supporting political coalition now, he commented, rather than wait until his inauguration. If he does not, Santiago warned, the earliest that Congress (which takes office on July 28 and traditionally spends the first month of each opening session bargaining over committee chairmanships) could organize itself to act would be September-October. He also doubted that APRA has the human resources necessary to adequately staff the technocrat positions needed to effectively implement the needed social policies, adding that Garcia’s vow to halve GOP salaries at the upper and managerial levels would have a negative impact on recruiting talented professionals. If Garcia staffs these jobs with APRA hacks, he warned, his presidency will be an even bigger disaster than his first term. – THE HUMALA FACTOR: Yoshiyama, referring to the announcement earlier that day that three UPP congressmen-elect had split from the Humalista bloc (Septel), said that it was to be expected that Humala’s congressional delegation would fracture given its impromtu formation and the quality of its members. He explained that many of Humala’s rural representatives at one time or another were in the Fujimorista ranks, and characterized most of them as unreliable “trash” who will graze where the grass is greenest. Santiago agreed with this assessment, but worried that Humala will always have the temptation to radicalize his approach and incite his followers to demonstrations or acts of violence, and that a shedding of congressional representatives could spur him to adopt this course. He characterized the south as a time bomb that could explode at any time, while Keiko said that other isolated and marginalized rural areas are just as discontented. She expressed concern that Humalistas could win the regional elections in the 15 departments taken by Humala in the presidential second round, adding that the Fujimoristas would present rival candidates in those regions and municipalities where they could find nominees of unquestioned quality and probity. 3. (C) COMMENT: The Fujimoristas know that their 13-member congressional bloc gives them a strong card to play in negotiations with the Garcia government, as they attempt to parlay their support in return for an arrangement that relaxes Alberto Fujimori’s legal situation. To what extent those discussions prosper remains to be seen. Santiago’s and Keiko’s worries about the Garcia administration’s time-frame for action and capabilities to implement needed policies are well taken, as are their concerns that Humala could exploit frustrations in marginalized areas to threaten governability and/or gain control over regional and municipal governments there. END COMMENT. STRUBLE =======================CABLE ENDS============================ |
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Wikileaks. Cable 60170
Posted: 24 May 2011 01:50 PM PDT
| id: |
60170 |
| date: |
4/11/2006 19:34 |
| refid: |
06LIMA1406 |
| origin: |
Embassy Lima |
| classification: |
CONFIDENTIAL |
| destination: |
05LIMA5332 |
| header: |
| |
VZCZCXYZ0000 PP RUEHWEB DE RUEHPE #1406 1011934 ZNY CCCCC ZZH P 111934Z APR 06 FM AMEMBASSY LIMA TO RUEHC/SECSTATE WASHDC PRIORITY 9734 INFO RUEHBO/AMEMBASSY BOGOTA 3248 RUEHCV/AMEMBASSY CARACAS 9311 RUEHLP/AMEMBASSY LA PAZ APR QUITO 0239 RUEHSG/AMEMBASSY SANTIAGO 0416 RUEHBR/AMEMBASSY BRASILIA 6670 RUEHGL/AMCONSUL GUAYAQUIL 4213 RUEKJCS/SECDEF WASHDC RHEHNSC/NSC WASHDC RHMFISS/CDR USSOUTHCOM MIAMI FL |
—————– header ends —————- C O N F I D E N T I A L LIMA 001406 SIPDIS SIPDIS E.O. 12958: DECL: 04/11/2016 TAGS: PGOV, PINR, PE SUBJECT: FUJIMORISTAS DELIGHTED WITH ELECTION RESULTS AND LOOKING TO DEAL WITH APRA, BUT KEEPING THE DOOR OPEN TO HUMALA REF: 05 LIMA 5396 Classified By: Political Counselor Alexander Margulies. Reason: 1.4(d) . 1. (C) Jaime Yoshiyama, former Minister and President of Congress under Alberto Fujimori and top advisor to Santiago Fujimori, Alberto’s brother and the Fujimorista Alliance for the Future (AF) party’s candidate for First Vice President and Congress, was jubilant over the election results during a 4/11 breakfast with Polcouns. Yoshiyama said that the AF expected to win at least 15 seats in the new legislature, which would give it bargaining power with the two candidates in the second-round run-off to exchange AF’s support in return for “guarantees” that Fujimori and former officials of his regime would receive “just treatment.” 2. (C) According to Yoshiyama: – Alberto Fujimori has communicated from his detention in Chile that he is “very pleased” with the election results. – In addition to AF’s strong showing in the congressional races, the Fujimoristas were delighted to see that their principle political enemies, Fernando Olivera’s Independent Moralizing Front (FIM) party and Valentin Paniagua’s Centrist Front, did so poorly (the FIM does not look like it will qualify for congressional representation, while Paniagua is on track to receive less than six percent of the vote and the Centrist Front legislative slate no more than a handful seats). – AF will also have a highly competent legislative bloc, headed Keiko Fujimori (Alberto’s daughter and former First Lady), with the brains supplied by Santiago Fujimori, former Congress President Martha Hildebrandt, and Alberto Fujimori’s lawyer, Rolando Sousa. – Santiago Fujimori will request permission to depart the country (he is being tried on corruption charges) to visit his brother and seek specific guidance on how AF should conduct its negotiations with the two candidates in the second-round presidential run-off vote, whom the Fujimoristas expect will be Union por el Peru’s Ollanta Humala and APRA’s Alan Garcia. – The Fujimoristas currently plan to negotiate principally with APRA, whose leaders they view as capable and responsible, as well as people with whom they feel they can “do business.” – The Fujimoristas will also keep the door open to Humala, both as an incentive for APRA to negotiate in good faith, and as an insurance policy. While the Fujimoristas question the UPP candidate’s economic policies and ability to govern, they do not/not demonize him. 3. (C) COMMENT: The election results to date are everything the Fujimoristas hoped for (Reftel): a significant congressional bloc (at least the fourth largest in the next legislature), the most voted for congressional candidate (Keiko Fujimori), affirmation of large popular support for Alberto Fujimori, and the defeat of their most inveterate political opponents. While Yoshiyama stated that the Fujimoristas would prefer to swing a deal with Alan Garcia for the second round, he was also clear that they are prepared to talk turkey with Humala should the negotiations with APRA prove unproductive. END COMMENT. POWERS =======================CABLE ENDS============================ |
Notas relacionadas:
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Wikileaks. Cable 48368
Posted: 24 May 2011 12:12 PM PDT
| id: |
48368 |
| date: |
12/21/2005 22:27 |
| refid: |
05LIMA5396 |
| origin: |
Embassy Lima |
| classification: |
CONFIDENTIAL |
| destination: |
05LIMA5332 |
| 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 03 LIMA 005396 SIPDIS E.O. 12958: DECL: 12/20/2015 TAGS: PGOV, PHUM, PREL, PE SUBJECT: FUJIMORISTAS TRYING TO SELL THEIR MAN AS THE MECHANISM TO STOP HUMALA REF: LIMA 5332 Classified By: Political Counselor Alexander Margulies. Reason: 1.4(d) . 1. (C) SUMMARY: Ex-President Alberto Fujimori’s brother Santiago, along with three other members of the Fujimorista brain-trust, in a 12/14 breakfast with Polcouns, described their movement’s strategy for the upcoming elections; inquired as to the USG’s position on the presidential candidacy of ex-President Fujimori, suggesting that the latter is the only one who can sidetrack ultra-nationalist Ollanta Humala; and complained about alleged political persecution and human rights abuses against them (all four face criminal prosecutions for their actions during the Fujimori regime). Polcouns replied that the USG views Fujimori’s eligibility to run for the presidency as an issue for the appropriate electoral/judicial authorities to determine in accordance with the Peruvian Constitution and laws. With respect to the accusations of political persecution/human rights violations, Polcouns said that Embassy’s Human Rights Officer was prepared to review any specific charges, supported by evidence, that the Fujimoristas submitted. END SUMMARY. 2. (C) Ex-Congressman Oswaldo Sandoval hosted a breakfast for Polcouns on 12/14. The other invitees were Santiago Fujimori, Jaime Yoshiyama (former President of Congress, ex-President of the 1992-93 Constituent Assembly and ex-Minister), and Augusto Bedoya (ex-Minister of Transport). The four Fujimoristas characterized the meeting as an overdue initiative by their movement to establish contact with the Embassy so as to keep the USG appraised of the Fujimoristas’ objectives and strategy. Santiago Fujimori and Bedoya did most of the substantive talking, with Yoshiyama interjecting to correct misinformation or provide emphasis to specific points. Sandoval appeared to be the liaison guy, with minimal input on policy or organization issues. (NOTE: There are media reports that Bedoya carried out the transfer of funds for lease of the aircraft that took Alberto Fujimori from Japan to Chile. END NOTE). 3. (C) According to the four Fujimoristas: – Santiago Fujimori is the undisputed leader of the movement in Peru and is in regular communication with his brother in Chile. – The four are part of the core Fujimorista brain-trust, remaining in the background for two reasons: (1) politically it is more advantageous to have populists like Martha Chavez, who appeal to the poorest sectors of the population where Fujimori’s support is strongest, out front; and (2) the four are all involved in business dealings and face criminal charges linked to their service with the Fujimori regime, and are concerned that their commercial interests would suffer and/or they would open themselves to “increased political persecution” should they be seen as actively engaging in politics. – They are committed to bringing about Alberto Fujimori’s re-election to the Presidency and inquired as to the USG’s view on this (Polcouns replied that we consider Fujimori’s eligibility to run for the presidency to be an issue for the appropriate electoral and/or judicial authorities to determine in accordance with the Peruvian Constitution and laws). – Fujimori’s detention in Chile was an unexpected blow and damaged the movement politically, but they are hopeful that he will be freed on bail in early January, once Peru files its extradition request. Once freed from confinement, Fujimori will be in a better position to rally the faithful. – The movement’s original strategy was to combine the three Fujimorista parties (Si Cumple, Nueva Mayoria, Cambio 90) in one alliance. A 12/6 decision by the National Electoral Board’s (JNE) Office of Party Organization Registration, however, rejected the inscription of the proposed alliance on the grounds that Alberto Fujimori, who was proposed as the alliance’s titular head, was ineligible to occupy this post as a result of a 2001 vote by Congress to disqualify him from holding public office for 10 years. The Constitutional Tribunal, in a case to which Fujimori was not/not a party, subsequently stated that this disqualification also prohibits those it covers from running for public office and restricts their political rights. – The Fujimoristas at first considered appealing this decision to the JNE on the grounds that (1) the 2001 Congress vote was insufficient (a simple majority of 37 legislators present had voted for the disqualification, while a subsequent Constitutional Tribunal decision provided that a vote by two-thirds of the Congress — 80 legislators — is required to remove a president), (2) the Constitutional Tribunal ruling interpreting the effect of the 10-year congressional prohibition is not/not in accordance with the express wording of the Constitution (NOTE: Article 100 of the Constitution empowers Congress to disqualify public officials from holding office for up to 10 years, but does not specifically state that they cannot run for office. Article 10 of the Organic Law on Elections, however, does provide that public functionaries disqualified from holding office cannot vote or be elected. END NOTE); and (3) an electoral alliance is a private political organization, not/not a “public office,” and so falls outside the bounds of the congressional prohibition. – After due consideration, however, the decision was taken not/not to appeal. This was based first on the brain-trust concluding that the key JNE ruling will be on whether Alberto Fujimori is eligible to run for office, and that they should not expose their legal hand on less important issues. Secondly, the Fujimorista leadership realized that splitting the proposed alliance in two would enure to their benefit, as they would then have a back-up electoral vehicle should the JNE disqualify Fujimori. – As a result, Si Cumple will go it alone, presenting a presidential ticket with Alberto Fujimori at the top. Meanwhile, Cambio 90 and Nueva Mayoria have formed the Alliance for the Future (AF for short, Fujimori’s initials), and will nominate an as-yet undecided ticket that does not include the ex-President. If Fujimori is permitted to run, then AF will withdraw its presidential slate from the race. – The Fujimoristas have had discussion with JNE magistrates, and believe that the JNE will permit Fujimori to run, even though technically he cannot take office. (COMMENT: Polcouns raised the issue of Fujimori’s eligibility to run for the Presidency with JNE President Enrique Mendoza at a 12/14 reception. Mendoza said that the JNE will apply the constitution and law, adding that Article 10 of the Organic Law on Elections is dispositive. END COMMENT.) – If Fujimori runs and wins the election, they expect that the sitting Congress will vote to lift the prohibition on his taking office. If it does not, then the new Congress will do so. – If Fujimori is prevented from running, then the Fujimoristas do not/not expect to win the presidency, but they still hope to win a sizable legislative bloc, which will pressure for the disqualification of Fujimori to be lifted. (COMMENT: Keiko Fujimori, the highly popular daughter of Alberto Fujimori and ex-Acting First Lady, has announced that she will lead the Alliance for the Future. Presumably she will also head its list of congressional nominees. END COMMENT.) 4. (C) The four Fujimoristas claimed that, under their leadership, a new Fujimori government would emulate the positive actions of Fujimori’s first term, while avoiding the massive corruption of its second term. They also emphasized that Fujimori was the best bet to stop surging ultra-nationalist presidential contender Ollanta Humala, noting that many of those shifting to Humala are Fujimori supporters disheartened by the ex-President’s captivity in Chile. 5. (C) Polcouns acknowledged that Fujimorista followers seem to be migrating to the Humala camp, but pointed out that over the past year Humala’s candidacy has been highly publicized, if not outright supported, by pro-Fujimori media organs like daily “La Razon.” Santiago Fujimori admitted that this was the case, indicating that in retrospect this was unfortunate. He then declared that the USG should have no/no political concerns over the election of a strong Fujimorista legislative bloc, as this would ally itself with center-right presidential candidate Lourdes Flores’ Unidad Nacional alliance, “with whom we have excellent relations,” in the next Congress. 6. (C) Santiago Fujimori took the lead in bringing up the issue of human rights, arguing that there were “no systematic” violations under the Fujimori regime. He declared that the real human rights violations are occurring today, with former Fujimori regime officials like those at the table being the victims of political persecution. The other three Fujimoristas present firmly assented, with each complaining that “unfounded” criminal allegations against them are being slowly processed by the criminal justice system, negatively affecting their business activities and, in some case, preventing them from traveling outside the country. With breaking voice and tears welling in his eyes, Santiago resumed his litany of complaints, embarking upon a lengthy description of his mother’s hardships coping with a judicial embargo on her bank accounts and properties. He concluded by asking Polcouns for the USG to recognize these alleged human rights abuses. 7. (C) Polcouns replied that he was unaware of the facts in the criminal cases against his four interlocutors, but said that the Embassy’s Human Rights Officer was prepared to review any specific allegations and supporting evidence that the Fujimoristas cared to put in writing. Polcouns acknowledged that the Peruvian criminal justice system was overloaded and inefficient, but observed that this is a problem common to most defendants, not just the Fujimoristas, noted that some American companies have had problems with cases that move at the speed of continental drift, and concluded that while this was regrettable, it did not by itself constitute a violation of defendants’ human rights. 8. (C) COMMENT: This group of Fujimoristas claim to be the real brains and brawn of the movement, but their leadership is, in fact, in dispute. Alberto Fujimori’s imprisonment clearly has deprived them of the direction they need, and their confidence and courage have suffered accordingly. The four looked less like political conspirators planning a return to power and more like a group of retired business executives sharing drinks at their country club while reminiscing about their glory days in the corporate jungle. Their presentation to Polcouns was unfocused, shifting from topic to topic as the Fujimoristas sought to find an argument that would spark a positive response. In the end, their main pitch was that since much of Humala’s support seems to be coming from voters who previously backed Alberto Fujimori, the way to stop Humala is by letting Fujimori run. While it does indeed appear to be the case that Humala has inherited a substantial part of the Fujimori vote (Reftel), there are other options to wean these voters away from the former without promoting the latter. END COMMENT. STRUBLE =======================CABLE ENDS============================ |
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Wikileaks. Cable 38338
Posted: 24 May 2011 11:05 AM PDT
| id: |
38338 |
| date: |
8/10/2005 17:23 |
| refid: |
05LIMA3447 |
| origin: |
Embassy Lima |
| classification: |
CONFIDENTIAL |
| destination: |
|
| header: |
| |
This record is a partial extract of the original cable. The full text of the original cable is not available. |
C O N F I D E N T I A L SECTION 01 OF 02 LIMA 003447 SIPDIS E.O. 12958: DECL: 08/08/2015 TAGS: PREL, PGOV, PINS, KCRM, PE SUBJECT: PLOTTING ANOTHER COME-BACK: DOES FORMER PRESIDENT FUJIMORI INTEND TO RETURN TO PERU? Classified By: D/Polcouns Art Muirhead for Reason 1.4 (B, D) 1. (C) SUMMARY. Former President Alberto Fujimori has done a masterful job maintaining his standing as a major political force in Peru, despite the fact that he remains exiled in Japan, is prohibited from holding public office here, and is the subject of extradition requests by the GOP. His supporters’ claim that Fujimori will return to Lima in December to kick off his campaign for the 2006 elections is receiving a great deal of media attention, but has not heightened political tensions. Fujimori faces arrest warrants in some 22 criminal cases; we deem it highly unlikely that he will return to Peru until he is assured that he can avoid imprisonment. His strategy probably is to create a sense of expectation and uncertainty about his return as a way of drawing attention to himself and more votes for his front parties. If, as is likely, his forces win 10 percent or so of the seats in the next Congress, Fujimori will be well positioned to trade his political support to the post-Toledo government for an arrangement that keeps him out of jail. (The next Congress is almost certain to be much more factionalized than the present one, obliging the incoming President to strike a lot of deals for support.) Though the President,s intimates here have suggested he might be able swing a deal with the courts by the end of this year to avoid imprisonment while charges against him are tried, any court order to that effect would be unlikely to hold up under the Toledo government,s counterattack. That said, Fujimori mastered Peruvian politics for 10 years by catching everyone else completely off guard. His return would throw the political scene into confusion and shake the foundations of Peru,s institutionally-weak democracy. END SUMMARY. 2. (C) Congresswoman Martha Moyano of the Si Cumple Party, the new name for Fujimori’s main political party (loosely translates as “He Keeps His Promises”), called on Polcouns and Deputy on 8/5 to probe USG attitudes towards efforts to effect Fujimori’s return and his 2006 presidential bid. Moyano said that Fujimori’s attorneys are concentrating on challenging the criminal charges against him (particularly the La Cantuta and Barrios Altos cases involving extra-judicial killings of suspected terrorists), and are attempting to have the arrest orders against him changed to summonses, indicating that once there are no arrest orders outstanding he will return. Moyano added that Fujimori intends to run for President despite the Congressional ban in effect through 2011 against his serving, insisting that the ban would only prevent him from taking office, not from being elected. (COMMENT: The Constitutional Tribunal has declared that Fujimori cannot be a candidate, but the final word seems to lie with the independent National Electoral Board (JNE), which has yet to issue a definitive pronouncement. END COMMENT.) She implied that if Fujimori is elected, a political means will be found to get around the ban. Moyano claimed that Fujimori enjoys 68% support in the Peru’s jungle region, and overwhelming support elsewhere in the interior and in the poorer areas of Lima. Although she demurred on endorsing the December return date proclaimed by Si Cumple Secretary General Luis Delgado, she emphasized that Fujimori SIPDIS would be back before the elections. 3. (C) D/Polcouns recently discussed Fujimori’s intentions with Fernan Altuve, a former Congressman of the Cambio 90 Party (Fujimori’s first electoral coalition). Altuve, a Constitutional lawyer, said that he was in frequent contact with the ex-President. He said Fujimori would head the presidential ticket of his new party, and that Si Cumple would field a full slate of Congressional candidates as well, claiming that the party had the best grass-roots organization of any political grouping in Peru. He endorsed the same hypothesis as Moyano on Fujimori’s legal status as a candidate: he was banned from taking office, but not from running. Altuve contended that once Si Cumple’s Vice Presidential candidate had taken office, the party’s Congressmen (with the support of other parties looking to their own future interests) would easily overcome the ban on Fujimori taking office. Altuve also claimed that a new Si Cumple administration would be the best ally imaginable for the USG, taking a hard line against drug trafficking, and opposing the jurisdiction of the International Criminal Court. 4. (C) Assistant Anti-Corruption Prosecutor Walter Hoflich told Poloff in July that his office has no specific contingency plans for Fujimori’s arrival, other than to proceed with pressing the charges already pending against the former President. Should Fujimori arrive, Hoflich was sure that he would be arrested by the National Police. He doubted, however, that Fujimori would ever return until charges against him are dropped. The fact that Fujimori maintained several different identity documents indicated his nervousness about being detained by Interpol. Hoflich believed that Fujimori’s strategy was to keep in the spotlight by talking about returning, and then hope that a pro-Fujimori bloc in the next Congress would clear the path for him legally. 5. (C) Polcouns raised Fujimori’s possible return with Presidency Political Advisor Juan de la Puente and Labor Minister Juan Sheput in separate meetings on 8/8. De la Puente thought it unlikely that Fujimori would return, though he did expect the former President to be nominated to head Si Cumple’s ticket, as well as those of the other two pro-Fujimori parties, Cambio 90 and Nueva Mayoria. He predicted that the JNE would disqualify Fujimori, and that the Vice Presidential candidate on the list, who he thought would be Fujimori’s brother Santiago, would replace him. While Fujimori’s supporters would seek to portray his disqualification as a political move designed to frustrate the electorate’s will, de la Puente thought that this would not have much resonance and that the Fujimoristas will wind up with a dozen-or-so seats in the next Congress. 6. (C) Sheput was not so sanguine. He expressed concern that Fujimori’s attorneys could make headway in their legal challenges to the criminal charges against the former President, noting that rampant judicial corruption makes anything possible. He was also worried that the JNE could be subject to political pressure from the Fujimoristas, given that the latter are expected to gain a strong foothold in the next Congress. 7. (C) COMMENT: Toledo Administration contacts have told us repeatedly that they want to put Fujimori on trial (although their pursuit of the extradition case has been lackadaisical), and that they will arrest him if he sets foot in Peru. Fujimori is aware that he would face jail if he comes back voluntarily before the April elections; even though he is endeavoring to cast himself as a victim of persecution, none of our contacts believe he is interested in buffing his credentials by being imprisoned. It is also telling that despite all the trial balloons that have been floated about Fujimori’s return, his surrogates here have been unable to energize mass public support like he enjoyed in the past — even with some semi-clad female dancers as a draw, a recent Si Cumple rally only drew a couple of thousand people. Our assessment is that Fujimori is taking a prudent approach — trying to rebuild his political base, painting himself as a martyr, and allowing the criminal charges against him to wither with the passage of time. The formula of a patient exile while keeping a hand in the game worked for Alan Garcia — in the late 90s; few predicted his return as a viable presidential candidate in 2001. Alberto Fujimori seems determined to make history repeat itself. END COMMENT. STRUBLE |
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Wikileaks. Cable 44640
Posted: 24 May 2011 11:05 AM PDT
| id: |
44640 |
| date: |
11/7/2005 19:22 |
| refid: |
05LIMA4748 |
| origin: |
Embassy Lima |
| classification: |
CONFIDENTIAL |
| destination: |
05SANTIAGO2284 |
| 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 004748 SIPDIS E.O. 12958: DECL: 11/07/2015 TAGS: PREL, KJUS, PE, CI, JA SUBJECT: FORMER PRESIDENT FUJIMORI’S ARRIVAL, ARREST IN SANTIAGO IS STUNNING NEWS IN PERU REF: A. SANTIAGO 2284 B. LIMA 4733 Classified By: D/Polcouns Art Muirhead for Reason 1.4 (B, D) 1. (C) SUMMARY. Former President Fujimori’s surprise arrival in Santiago over the weekend adds another complex issue to the strained Peruvian-Chilean bilateral agenda. A Chilean court quickly acted to detain Fujimori, and the GOP is sending a high-level delegation to Santiago to argue for Fujimori’s extradition. The Chilean Embassy Political Officer (protect) told D/Polcouns that President Lagos, irritated with the GOP over the maritime border issue, was not taking calls from President Toledo. The GOC, he added, was concerned about possible defects in the quality of the extradition request that will be presented by Peru. END SUMMARY. 2. (U) From the moment the story broke the afternoon of 11/6, Peruvians have raptly followed the media reports about former President Alberto Fujimori’s arrival and subsequent detention in Santiago. Lima dailies on 11/7 stressed that Fujimori had been arrested within 10 hours of his arrival in Chile, and would be the subject of an extradition process. Press reports noted Foreign Minister Oscar Maurtua’s statement that the Appellate Court of Santiago had ordered Fujimori’s arrest after Peru submitted a diplomatic note requesting the former President’s preventive detention, and that Fujimori was prohibited by the Court from leaving Chile. Maurtua also said that a high-level delegation, including Interior Minister Romulo Pizarro, Anti-Corruption State’s Attorney Antonio Maldonado, Police Interpol Director Carlos Medel, and special legal adviser Javier Ciurliza, was traveling to Santiago to argue the GOP’s case. 3. (SBU) Initial reports held that Fujimori had traveled from Japan to Chile in a private plane via a technical stop-over in Mexico. Some press reporting on 11/7 (including that of leading daily “El Comercio”) alleged that Fujimori’s routing from Tokyo had been first to Atlanta on a Delta Airlines flight, then on to Tijuana, Mexico and finally, Santiago. Embassy DHS Attache has consulted with National Transportation Center in the U.S. and is examining immigration records for the period in question — up to now, no/no information has been located which would substantiate Fujimori’s having passed through the U.S. on his way to Santiago. 4. (U) Immediately after the news of his arrival in Santiago, several hundred Fujimori supporters, many wearing the t-shirt of his “Si Cumple” (He Keeps His Promises) Party, rallied in downtown Lima. An evening rally in front of the Chilean Ambassador’s residence by anti-Fujimori protestors drew about a hundred participants. Both demonstrations were orderly and without incident. 5. (C) On 11/7, D/Polcouns discussed Fujimori’s arrival in Santiago with Chilean Embassy Political Officer XX. XX said that at least initially, President Lagos was not taking calls from President Toledo regarding Fujimori — Lagos was upset about the GOP’s disregard over the past few weeks for Chilean interests, especially on the issue of Peru’s unilateral definition of the starting point for the two countries’ maritime border (Ref B). Lagos had, however, discussed Fujimori’s arrival in Chile with FM Maurtua. Maurtua had pushed for Fujimori to be immediately expelled to Peru by the GOC. When Lagos made it clear this was not an option, Maurtua had agreed to submit an extradition request. XX’s opinion was that an extradition case against Fujimori could spin out over a long period of time and had no guarantee of success, especially when considering the poor quality of submissions that Chile had received from Peru in other extradition cases. (NOTE: Chilean courts rejected Peruvian extradition requests for publicist Daniel Borobio in 2002, and for newspaper editor Eduardo Calmell del Solar in 2004. END NOTE.) 6. (C) XX said he had met the previous evening with Fernan Altuve, a former Fujimorista Congressman and expert in legal affairs who claimed to have been in regular contact with the former President during his exile in Japan. XX was impressed with the detailed information that Altuve had about legal procedures in Chile, leading him to conclude that Altuve had been involved in planning for Fujimori’s travel to Chile for some time. XX said it was possible that Fujimori had entered Chile on his Japanese passport (since no visa would be required for Japanese citizens), raising concerns about the possible involvement of the GOJ as an advocate once extradition proceedings begin to move ahead. 7. (C) COMMENT: The quality of the GOP’s extradition request to Japan for Fujimori has been repeatedly criticized in the Peruvian media. The Anti-Corruption Prosecutor’s Office has been hard-pressed to come up with a “smoking gun” to prove Fujimori’s involvement in charges of corruption and human rights violations. Javier Ciurliza, a law professor at the Catholic University and a member of Peru’s high-level delegation to Santiago, told Poloff several months ago that he had been hired by the Foreign Ministry to revise Peru’s extradition requests to Japan for Fujimori, characterizing those documents as “deeply flawed.” STRUBLE =======================CABLE ENDS============================ |
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