Peru's President Enacts Controversial Amnesty Law for Atrocities During Conflict

Critics argue that the new law undermines accountability and justice for Peru's victims of violence.

In a move that has sparked outrage and condemnation from various human rights organizations, Peru's President Dina Boluarte has officially enacted a contentious new law that grants amnesty to soldiers, law enforcement officers, and civilian militias implicated in atrocities committed during the nation’s protracted armed conflict against Maoist insurgents. This law, which garnered approval from Congress in July, undermines a prior ruling from the Inter-American Court of Human Rights requesting a suspension of the measure while its ramifications on victim matters are evaluated.

The legislation is set to benefit hundreds of military personnel and police, as well as members of self-defense groups, accused of crimes that took place between 1980 and 2000, during a time when the Shining Path and Tupac Amaru revolutionary factions caused rampant violence and instability throughout the country. Amidst this backdrop of turmoil, an estimated 70,000 individuals were killed, with over 20,000 reported missing, according to the findings of Peru's Truth and Reconciliation Commission (TRC).

President Boluarte, who made history in 2022 as Peru's first female president, justified the law as a means of honoring those who contributed to combating terrorism and preserving democratic integrity. Contrarily, numerous human rights advocates view the new amnesty as a grave misstep, characterizing it as a "betrayal of Peruvian victims." Juanita Goebertus, the Americas director for Human Rights Watch, expressed that this law sabotages many years of progress aimed at ensuring accountability for past atrocities.

The UN and Amnesty International had previously urged Boluarte to reject the bill, asserting that it violates Peru’s responsibilities to pursue thorough inquiries and prosecutions for severe violations, including extrajudicial killings, enforced disappearances, torture, and sexual violence. The new law has the potential to impede or invalidate over 600 ongoing trials and 156 convictions related to these offenses. According to the TRC data, state agents were implicated in 83% of acknowledged sexual violence incidents during the conflict.

In a related context, Peru had adopted a statute of limitations in the previous year for crimes against humanity that occurred prior to 2002, effectively shutting down numerous investigations into the alleged crimes of that dark period. This legislative decision disproportionately favored former President Alberto Fujimori, who had been incarcerated for his role in perpetrating atrocities, including fatal attacks on civilians. However, he was released on humanitarian grounds in 2023 and passed away in September 2024.