The Peruvian Congress’ Constitutional Commission approved Bill No. 6951/2023-CR on Tuesday, effectively ruling that nobody can be prosecuted, sentenced, or punished for crimes against humanity or war crimes committed before July 1, 2002. This decision may lead to the closing of significant unresolved cases concerning the internal violence in Peru from 1980 to 2000.
The bill argues the continuation of open trials for crimes against humanity and war crimes which started prior to the enforcement of the Rome Statute (2002) and the Convention on the Imprescriptibility of Crimes of War and Crimes against Humanity (2003) contravenes the principle of non-retroactivity in criminal law.
Notwithstanding, representatives from the Institute of Democracy and Human Rights of the Pontifical Catholic University of Peru noted that the legal obligations of Peru to investigate and prosecute violations of human rights predate any of the international treaties which the bill has cited. They asserted the validity of these obligations and rights cannot be denied on account of a legal instrument.
The bill has drawn its share of both support and criticism within the legislative sphere. In support, Congressman Fernando Rospigliosi contends that the bill seeks to rectify injustices against the military and police who thwarted acts of terrorism. In contrast, Congresswoman Sigrid Bazán took to social media to voice her admonishment of the bill, labeling it a ‘Law of Impunity’.
Between 1980 and 2000, Peru was embroiled in an internal conflict led by the Communist Party Sendero Luminoso, culminating in approximately 69,280 deaths according to Peru’s Truth and Reconciliation Commission. Despite the Commission’s recommendations for prompt investigation of the offences, some judicial processes remain unresolved, with some having spanned over 20 years, including the Manta and Vilca case.
Following its approval, the bill now awaits its final endorsement from the Plenary of the Peruvian Congress. If it passes, it will be sent to the President, Dina Boluarte, for enactment within fifteen working days. However, the President retains the right to reject the bill if she deems it contrary to the Constitution or treaties ratified by Peru.
JURIST – News