The Peruvian Congress has approved a bill establishing the statute of limitations for crimes against humanity committed in the country before July 1, 2002, threatening to dismiss many cases related to atrocities committed during the Fujimori years.
On June 6, with 60 votes in favor, 36 against, and 11 abstentions, the Plenary Assembly of the Peruvian Congress approved, in a first vote, a bill establishing the statute of limitations for crimes against humanity committed in the country before July 1, 2002.
Iconic cases from the period of internal violence that struck Peru between 1980 and 2000, still awaiting judgment, could therefore be dismissed.
According to the bill, pursuing public trials for participation in war crimes and crimes against humanity during the armed conflicts of the 1980s between the Peruvian government and communist guerrillas is contrary to the principle of non-retroactivity in criminal law, given that these trials began before the Rome Statute (2002) and the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity (2003) came into force.
“This bill takes into account the Rome Statute, the rules established by the International Criminal Court in Peru, and the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity, in accordance with the principles of legality and the prohibition of retroactivity,” reads a statement published on the Congress website.
“Impunity Law”
Contrary to the arguments advanced in favor of the bill, representatives of the Institute for Democracy and Human Rights of the Pontifical Catholic University of Peru (IDEHPUCP) emphasized that, even if the international treaties cited in the bill indeed take effect from the mentioned years, “the Peruvian state’s international obligations to investigate and prosecute human rights violations and provide reparations to victims far precede these dates, and resorting to a legal device cannot in any way imply a refusal of these obligations and their correlative rights.”
The author of the bill, Congressman Fernando Rospigliosi from the populist Fuerza Popular party, an unconditional supporter of former Peruvian President Alberto Fujimori, convicted of war crimes and crimes against humanity, explained: “The law restores legality and rectifies an injustice. A norm (against humanity) that was not in force when the events occurred was applied retroactively, illegally. Communists and the caviar left persecute the military and police who defeated terrorism and prevented these criminal hordes from enslaving Peruvians.”
Congresswoman Sigrid Bazán from the left-wing Nuevo Perú party stated via her X account that she had submitted a request for reconsideration of the vote on this law, which she calls “impunity law.” “It is shameful that a law attempts to erase history and forgive the perpetrators of human rights violations,” she said.
Between 1980 and 2000, Peru faced an armed conflict led by the Communist Party of Peru (PCP-SL), which sought to wage a “people’s war” against the government. The Truth and Reconciliation Commission (CVR) of Peru estimated that the conflict caused around 69,280 deaths. The reported deaths and disappearances are mainly attributed to the PCP-SL and the armed forces of the Fujimori government, which resorted to tactics such as selective extermination and forced recruitment. In 1984, the Túpac Amaru Revolutionary Movement joined the conflict, also responsible for some of the deaths reported by the CVR.
Although the Commission recommended that the crimes committed be promptly investigated, judicial procedures related to atrocities committed during the conflict have been ongoing for over 20 years. The Manta and Vilca cases, concerning widespread and systematic sexual violence committed by state military forces of the Fujimori government, for example, are still awaiting judgment.
More than twenty human rights organizations have supported Amnesty International’s call to “firmly reject a law that would favor the impunity of perpetrators of human rights crimes in Peru,” explaining that “the Congress’s decision clashes with the state’s obligation to investigate and sanction serious human rights violations.”
Release of a former president convicted of war crimes
Last December, the Peruvian Constitutional Court ordered the release of former President Fujimori, who was serving a 25-year prison sentence for his role in extrajudicial executions, kidnappings, enforced disappearances, and corruption. The Inter-American Court of Human Rights (IACHR) had ordered Peru “to refrain from applying the Constitutional Court’s decision,” pending a review of the pardon request. However, Fujimori was released on December 6 for health reasons.
“The release of Fujimori is a slap in the face for the victims of atrocities,” said Juanita Goebertus, Americas director at Human Rights Watch. “The Organization of American States (OAS) should examine this release in the context of a very serious erosion of the rule of law and the protection of human rights in Peru,” she added.
The bill establishing the statute of limitations for crimes against humanity committed before July 1, 2002, in Peru must now be submitted to President Dina Boluarte for adoption within fifteen working days. The president can oppose it if she deems the bill contrary to the Constitution or the international treaties ratified by the State of Peru.
