| Abstract: | In Peru the power system put in place by the former PresidentAlberto Fujimori created a network of illegality in which manycrimes were committed (e.g. various forms of human rights violations,including torture, murders, arms and drug trafficking and corruption).These offences were brought to light simultaneously by distinctbut intertwined investigations. In order to prosecute and punishthese crimes a special Anti-corruption System was established,which consisted of both special investigative authorities aswell as specialized anti-corruption courts. In addition, a specialsystem of Benefits for Effective Collaboration with the Prosecutionhas been put in place covering organized crime, as well as customand terrorist offences. In this respect, negotiated justiceconstitutes a very important instrument in the hands of thestate to fight organized crime. However, the prioritizationof the principles of expeditiousness and effectiveness, togetherwith very broad powers conferred on the prosecutors, impliesthe risk of undermining other equally important principles,such as the legality of evidence (legalidad de la prueba), respectfor the rights of the defence and the principle of equalitybefore the law. Finally, the author emphasizes the role thatcould be played by public international law to facilitate internationalcooperation for securing evidence and the arrest of accusedpersons, as well as to enable Peruvian authorities to identifyand seize the proceeds of crimes. |
