On 17 October a panel of judges evaluated whether Keiko Fujimori’s detention was lawful. Her case is still under investigation, and no formal accusation had been made at that point; so the case against her has not officially commenced. She had been placed in temporary detention not exceeding ten days because she was considered likely to try to flee the country in view of her family’s previous attempts to avoid justice; her uncles and aunts have never returned to Peru from Japan to face justice. Another reason given for her detention was that she did not have a regular job.

These three judges involved were the same ones who considered that Ollanta Humala and Nadine Heredia should remain in remand while their case was ongoing. Rather than ten days they were imprisoned for ten months. The Constitutional Tribunal eventually judged the decision to be unlawful. It was by using the jurisprudence of this resolution that Keiko Fujimori was freed.

On 19 October, Prosecutor José Domingo Pérez filed the formal case against her and has asked for 36 month of jail, while the case is ongoing, as Keiko Fujimori is accused of being the leader of a criminal organisation within her party Fuerza Popular.