Holding the line on human rights accountability: Explaining the unlikely judicial overturn of the pardon and immunity granted to human rights violator Alberto Fujimori
Alberto Fujimori, Peruvian ex-president and perpetrator of human rights violations, was released from prison due to a presidential pardon in 2017. He was also granted immunity from prosecution. Although the political branches and the majority of the population supported these measures, as shown by...
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Pontificia Universidad Católica del Perú
2020-11-01
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Online Access: | http://revistas.pucp.edu.pe/index.php/derechopucp/article/view/22121 |
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doaj-75ec3ffd37634ee886c20c29038c89732021-02-02T19:03:50ZspaPontificia Universidad Católica del PerúDerecho PUCP0251-34202305-25462020-11-018510.18800/derechopucp.202002.012Holding the line on human rights accountability: Explaining the unlikely judicial overturn of the pardon and immunity granted to human rights violator Alberto FujimoriJavier Alonso de Belaunde de Cárdenas Alberto Fujimori, Peruvian ex-president and perpetrator of human rights violations, was released from prison due to a presidential pardon in 2017. He was also granted immunity from prosecution. Although the political branches and the majority of the population supported these measures, as shown by public opinion polls, within months domestic courts overturned them completely, relying on standards set by the Inter-American Court of Human Rights. This is the most unlikely result, comparatively. The article examines what could explain this pro human rights accountability behaviour in the judiciary. It argues that the outcome could be the product of two processes initialised during the Peruvian transition: Judicial empowerment (independence and power gains) and legal culture shift from positivism to neo-constitutionalism. Both are defined and analysed with reference to transitional justice and socio-legal studies scholarship. The article further seeks to identify the conditions under which Inter-American conventionality control doctrine could have a strong domestic impact. http://revistas.pucp.edu.pe/index.php/derechopucp/article/view/22121Accountabilityconventionality controlFujimorihuman rightsInter-American Court of Human Rightsjudicial empowerment |
collection |
DOAJ |
language |
Spanish |
format |
Article |
sources |
DOAJ |
author |
Javier Alonso de Belaunde de Cárdenas |
spellingShingle |
Javier Alonso de Belaunde de Cárdenas Holding the line on human rights accountability: Explaining the unlikely judicial overturn of the pardon and immunity granted to human rights violator Alberto Fujimori Derecho PUCP Accountability conventionality control Fujimori human rights Inter-American Court of Human Rights judicial empowerment |
author_facet |
Javier Alonso de Belaunde de Cárdenas |
author_sort |
Javier Alonso de Belaunde de Cárdenas |
title |
Holding the line on human rights accountability: Explaining the unlikely judicial overturn of the pardon and immunity granted to human rights violator Alberto Fujimori |
title_short |
Holding the line on human rights accountability: Explaining the unlikely judicial overturn of the pardon and immunity granted to human rights violator Alberto Fujimori |
title_full |
Holding the line on human rights accountability: Explaining the unlikely judicial overturn of the pardon and immunity granted to human rights violator Alberto Fujimori |
title_fullStr |
Holding the line on human rights accountability: Explaining the unlikely judicial overturn of the pardon and immunity granted to human rights violator Alberto Fujimori |
title_full_unstemmed |
Holding the line on human rights accountability: Explaining the unlikely judicial overturn of the pardon and immunity granted to human rights violator Alberto Fujimori |
title_sort |
holding the line on human rights accountability: explaining the unlikely judicial overturn of the pardon and immunity granted to human rights violator alberto fujimori |
publisher |
Pontificia Universidad Católica del Perú |
series |
Derecho PUCP |
issn |
0251-3420 2305-2546 |
publishDate |
2020-11-01 |
description |
Alberto Fujimori, Peruvian ex-president and perpetrator of human rights violations, was released from prison due to a presidential pardon in 2017. He was also granted immunity from prosecution. Although the political branches and the majority of the population supported these measures, as shown by public opinion polls, within months domestic courts overturned them completely, relying on standards set by the Inter-American Court of Human Rights. This is the most unlikely result, comparatively. The article examines what could explain this pro human rights accountability behaviour in the judiciary. It argues that the outcome could be the product of two processes initialised during the Peruvian transition: Judicial empowerment (independence and power gains) and legal culture shift from positivism to neo-constitutionalism. Both are defined and analysed with reference to transitional justice and socio-legal studies scholarship. The article further seeks to identify the conditions under which Inter-American conventionality control doctrine could have a strong domestic impact.
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topic |
Accountability conventionality control Fujimori human rights Inter-American Court of Human Rights judicial empowerment |
url |
http://revistas.pucp.edu.pe/index.php/derechopucp/article/view/22121 |
work_keys_str_mv |
AT javieralonsodebelaundedecardenas holdingthelineonhumanrightsaccountabilityexplainingtheunlikelyjudicialoverturnofthepardonandimmunitygrantedtohumanrightsviolatoralbertofujimori |
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