Peru enacts law shielding pre-2002 crimes against humanity from prosecution News
Miguel Francisco Rueda Ñañez, CC BY-SA 4.0, via Wikimedia Commons
Peru enacts law shielding pre-2002 crimes against humanity from prosecution

Peru’s government enacted a controversial law on Friday that prevents the prosecution of crimes against humanity committed before 2002, following the approval of legislative initiative 6951/2023-CR by the Peruvian Congress on July 4. This decision notably favors former President Alberto Fujimori and hundreds of military personnel involved in the country’s internal armed conflict between 1980 and 2000.

The legislation explicitly states that “no one shall be prosecuted, convicted, or punished for crimes against humanity or war crimes” committed before the specified date. The Peruvian prosecutor’s office stated that this provision could lead to the dismissal or shelving of approximately 600 cases involving 550 victims, as these crimes would now be considered time-barred.

Among the most notable cases impacted is the ongoing trial of former President Alberto Fujimori, who was convicted in 2009 for human rights violations and currently faces charges related to the Barrios Altos and La Cantuta massacres in 1992. Fujimori’s defense could use the new law to argue that these crimes are now time-barred, potentially influencing the outcome of his trial. Additionally, other high-profile cases involving massacres and extrajudicial killings carried out by military forces and insurgent groups during the conflict are also at risk of being dismissed, which has prompted a strong response from human rights advocates.

International organizations such as the Inter-American Commission on Human Rights (IACHR) have openly criticized the law, pointing out that it contravenes Peru’s commitments under international law. In public hearings, representatives of human rights organizations have requested that Peru be included in a chapter of its annual report that addresses the State’s lack of commitment to the fight against impunity.

Peru’s internal armed conflict from 1980 to 2000 was a period marked by intense violence and widespread human rights abuses. Thousands of Peruvians suffered murders, torture, and forced disappearances, with an estimated 69,000 people losing their lives, many of them were indigenous Quechua speakers. The conflict saw government forces clashing with insurgent groups like Sendero Luminoso (Shining Path) and the Movimiento Revolucionario Túpac Amaru (MRTA), leading to atrocities on both sides that profoundly disrupted Peru’s social fabric and democratic institutions.

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