The Peruvian Congress approved a bill on Thursday that introduces a statute of limitations for crimes against humanity in the second vote, despite opposition from human rights organizations for its potential interruption of ongoing investigations into serious abuses.
Bill 6951 proposes to specify the application and scope of the crime against humanity and war crimes in Peruvian legislation, establishing that no one can be prosecuted, sentenced, or punished for crimes against humanity or war crimes committed before July 1, 2002. As a result, emblematic cases from the period of internal violence in Peru between 1980 and 2000, which were still awaiting a definitive judicial response, could be closed. This could benefit political figures such as former president Alberto Fujimori, who was convicted and sentenced for human rights abuses for the brutal crackdown he launched during the Shining Path movement. In particular, he was accused of killing six farmers during the conflicts between soldiers and the power of Shining Path in 1992.
The Bill was promoted by the Popular Force (FP) party led by Keiko Fujimori, daughter of Alberto Fujimori. It was previously approved by the Constitutional Commission of the Peruvian Congress on March 12 and sent for debate at the Plenary. In June, the Bill was passed in the first vote with 60 in favor, 36 against, and 11 abstentions. In the second vote conducted on Thursday, the Plenary passed the Bill with 15 votes in favor and 12 against.
The proposed bill has faced both internal and external opposition since its introduction. In February, the Institute of Democracy and Human Rights of the Pontifical Catholic University of Peru (IDEHPUCP) stated that, this legislative attempt, among others, reflects “a worrying tendency to seek mechanisms that foster impunity in the face of serious human rights violations,” and that “it is essential to insist on the Peruvian State’s international commitments in terms of human rights.”
In June, following the first vote in favor of the adoption of the bill, a group of UN experts warned that the proposed bill contravenes international standards while impeding access to justice and the right to truth and reparation for the victims. “Statutes of limitations cannot apply to gross violations of international human rights law and serious violations of international humanitarian law which constitute crimes under international law,” they said. On June 13, the Inter-American Court of Human Rights ordered the Peruvian State to suspend this legislative process, reasoning that the proposed exemptions are “contrary to the American Convention on Human Rights (ACHR) in cases of serious human rights violations,” while the Peruvian Prime Minister Gustavo Adrianzen called it an unusual interference.
Next, the Bill will need to be signed by the Peruvian President Dina Boluarte before implementation. The President can object if she deems it contrary to the Constitution or international treaties ratified by the Peruvian State.
