Overview
- The Transitory Criminal Chamber granted the prosecutor’s nullity appeal and annulled the ruling that had declared his 19 years and 8 months sentence fully served.
- Applying Article 47, the justices credited only 72 months tied to this proceeding, leaving 13 years and 8 months to serve with the term expiring on September 30, 2037.
- The court found the prior panel wrongly counted custody from an unrelated 2001 corruption case ordered by the 24th Criminal Court of Lima, which cannot be used in this computation.
- Judges rejected the defense’s statute‑of‑limitations claim, reaffirming that the Pativilca and La Cantuta convictions for homicide and enforced disappearance are non‑prescriptible grave human‑rights crimes.
- The ruling orders notifications and returns the case file to the lower tribunal for further steps, and it keeps Montesinos confined at the Callao naval base with release projections extended by about five years versus earlier estimates.