International Law Blog Postings

The Chilean Supreme Court justice who will decide whether to extradite former Peruvian President Alberto Fujimori said he will interview Fujimori once or twice more before rendering his decision. Fujimori faces extradition to Peru to stand trial on twelve criminal counts: ten charges of political corruption and two charges of human rights abuses. If extradited, Fujimori would face trial before the Permanent Criminal Chamber of the Peruvian Supreme Court only for those extraditable crimes approved by the Chilean government.

To contest his extradition, Fujimori must contend with the 1932 extradition treaty, domestic Chilean law, a political shift within Chile, and international treaties. The political exception of the 1932 extradition treaty and the higher burden of proof to indict under Chilean law work in Fujimori's favor. Working against Fujimori is a recent political shift in Chile focusing attention on corruption and human rights abuses. Chilean President-elect Michelle Bachelet, who will be sworn in 11 March 2006, ran on a platform against public corruption and state-sponsored human rights abuses. International treaties against corruption and human rights abuses stand the strongest chance of requiring Chile to extradite Fujimori. In the past, Chile has been reluctant to extradite fugitives to Peru. New treaties, especially the UN Convention against Corruption, focus on holding public officials accountable for corruption and mandate greater cooperation among countries. That treaty could serve as the primary legal force to extradite Fujimori to stand trial in his native country. Continue Reading