Peru’s Controversial Law: A New Amnesty for Military and Police Involved in Atrocities
In a move that has sparked significant debate, Peru’s President Dina Boluarte has enacted a contentious law granting pardons to soldiers, police officers, and civilian militias currently facing trials for their actions during the country’s brutal two-decade conflict with Maoist insurgents. This legislation, which was passed by Congress in July, comes despite a directive from the Inter-American Court of Human Rights urging the suspension of the law until its implications for victims could be thoroughly reviewed.
The newly enacted law is set to benefit hundreds of military personnel and police officers, as well as members of self-defense groups, who are accused of committing crimes from 1980 to 2000. Notably, it will also require the release of individuals over the age of 70 who are serving sentences for these offenses.
The internal conflict, primarily fought between the Shining Path and Tupac Amaru rebel groups, resulted in the deaths of approximately 70,000 individuals and the disappearance of more than 20,000, as reported by Peru’s Truth and Reconciliation Commission (TRC). In her defense of the law, President Boluarte, who made history as Peru’s first female president in 2022, stated that her government is honoring those who bravely fought against terrorism to preserve democracy.
However, the law has faced fierce criticism from human rights organizations. Juanita Goebertus, Americas Director for Human Rights Watch, labeled it as “a betrayal of Peruvian victims” that undermines years of efforts to hold perpetrators accountable for their actions. Both United Nations experts and Amnesty International have called on Boluarte to veto the bill, arguing that it infringes upon Peru’s obligation to investigate and prosecute severe human rights violations, including extrajudicial killings, enforced disappearances, torture, and sexual violence.
UN experts have expressed concern that this amnesty could potentially halt or reverse over 600 ongoing trials and 156 established convictions. The TRC’s findings indicated that state agents, particularly the armed forces, were responsible for 83% of documented cases of sexual violence during this tumultuous period.
Last year, Peru also implemented a statute of limitations for crimes against humanity committed prior to 2002, effectively closing the door on numerous investigations into alleged atrocities. This legal change notably benefited former President Alberto Fujimori, who was imprisoned for human rights violations—including the massacre of civilians—yet was released on humanitarian grounds in 2023 before passing away in September 2024.
As Peru navigates this complex and sensitive issue, the implications of the new law continue to reverberate, raising questions about justice, accountability, and the country’s commitment to addressing its troubled past.
