Translated by Celeste Valentini
Few weeks ago, the president of Peru, Dina Boluarte, enacted a law that grants the amnesty to the armed forces, the policemen and the Defence Committee that were on a trial for crimes committed against the Maoist rebels during the armed conflict that took place between 1980 and 2000.
The enactment of this law benefits the perpetrators of international crimes and imposes the release of those 70 years-old criminals who are already serving convictions for this type of crimes, according to the so-called “humanitarian pardon”.
The Human Rights Organizations condemn this law because, according to the United Nations experts, it could dismiss more than 600 lawsuits and invalidate 156 convictions.
Moreover, by enacting this law, the State of Peru breaches the international obligations and this sets a serious precedent, because it conveys a message of indifference and impunity towards the victims rights and their families grief. One relevant episode is the Putis massacre in the region of Ayacucho in 1984, where 123 people were killed, among them children and teenagers.
According to the International Law Commission, the amnesties are always unacceptable in case of serious episodes of breach of human rights or international crimes. This is exactly the case of the crimes committed by the Peruvian security forces during the twenty years of war: enforced disappearances, extrajudicial killings, tortures and sexual assaults.
To better understand who will benefit from this law and who won’t suffer the consequences of the atrocities committed, we have to analyze the civil conflict in Peru. During the war, the Peruvian security forces fought against the rebel groups of Sendero Luminoso e Tupac Amaru that stirred up revolts that caused – according to the Truth and Reconciliation Commission of Peru (TRC) – the death of 70.000 people and the disappearance of other 20.000.
Both parts were responsible for the crimes committed: the Sendero Luminoso soldiers killed the 54% of people involved, while the militaries killed the rest.
The last-mentioned are also involved in other breaches of human rights. Last year, ten soldiers were sentenced for frequently raping rural and native women and young girls.
It is estimated that, during the conflict, the armed forces and the State police killed the 37% of people and were responsible for most of the disappearances, for the 75% of cases of torture and the 83% of raping.
Pursuant to the American Convention on Human Rights and the International Covenant on Civil and Political Rights, the Country must investigate, prosecute and punish human rights breaches.
This is the reason why, on the 24th
of July, the Inter-American Court of Human Rights, the experts of the United Nations and Amnesty International urged Boluarte to veto the law until the end of the compatibility test between the amnesty and the previous orders to investigate on the abuses committed during the armed conflict.
Despite the international orders, on the 31st of July, during a ceremony of the National Police that took place in Lima, the president Boluarte confirmed his will to advance the law regardless of the Court position. In addition, he said that the Peruvian government was honoring the forces that “fought against terrorism and defended the democracy”.
Even the Ministry of Justice Enrique Alcántara defended the new law. In his opinion, the law doesn’t promote the impunity, but “it searches for justice and respects the principles of the Peruvian Constitution and the Inter-American Court of Human Rights: everyone has the right to resolve their legal situation in a small amount of time”.
This is not the first time the government disobeys the Inter-American Court of Human Rights’ orders. In 2023, the Constitutional Court ordered the release of Albert Fujimori, the ex-president of Peru, who was serving 25 years in prison because of serious breaches of human rights.
The president and everyone under investigation because of the crimes committed during the conflicts benefited from the prescription period for the crimes against humanity committed before 2002.
In conclusion, in the last few years the Army and the Police have tried to protect themselves from the legal proceedings.
Nevertheless, the opponents of the amnesty gained the support of the international organizations by highlighting the membership of Peru in the Inter-American System of Human Rights and the consequent obligations that make the amnesty law unconstitutional.
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