Peru Enacts Controversial Amnesty Law for Atrocities During Armed Conflict

The law, signed by President Dina Boluarte, pardons individuals involved in atrocities during the 20-year conflict, reflecting ongoing tension between justice and accountability in Peru.

Peru's President, Dina Boluarte, has enacted a divisive new law that provides amnesty to soldiers, police, and civilian militias facing accusations of atrocities committed during the country's prolonged armed conflict with Maoist insurgents. This controversial measure was officially signed into law following its passage in Congress last July, despite a ruling from the Inter-American Court of Human Rights, which ordered the suspension of the law pending further review concerning its implications for victims of violence.

The new legislation will apply to hundreds of members of Peru's armed forces, law enforcement, and self-defense groups accused of crimes perpetrated during the conflict, which spanned from 1980 to 2000. Notably, it also mandates the release of individuals over 70 years old who are serving sentences for these offenses. This period in Peru's history was marked by violence primarily instigated by rebel factions, such as the Shining Path and the Tupac Amaru Revolutionary Movement, resulting in an estimated 70,000 fatalities and over 20,000 disappearances, according to findings by Peru's Truth and Reconciliation Commission (TRC).

President Boluarte, who made history as Peru's first female leader after her election in 2022, has defended the law as a tribute to the forces that she claims fought against terrorism in defense of democratic stability. However, her decision has elicited sharp criticism from numerous human rights organizations. Juanita Goebertus, who serves as the Americas director at Human Rights Watch, labeled the law a "betrayal of Peruvian victims," asserting that it undermines years of efforts to hold violators of human rights accountable for their actions.

The United Nations and Amnesty International have both voiced strong objections to the law, urging Boluarte to veto it due to its apparent violation of Peru's obligation to thoroughly investigate and prosecute serious abuses, which include extrajudicial killings, enforced disappearances, and torture. Concerns have been raised that the amnesty law may obstruct or overturn over 600 ongoing trials and potentially affect 156 convictions related to past crimes committed during the conflict.

The TRC's findings indicated that state agents, particularly military personnel, were responsible for 83% of the sexual violence documented throughout the conflict. Furthermore, in 2022, Peru implemented a statute of limitations for crimes against humanity committed before 2002, thereby effectively terminating numerous investigations surrounding allegations of abuse from that turbulent period. Among the controversial cases cited was that of Alberto Fujimori, a former president who was serving time for various atrocities, including the killing of civilians, before being released from prison in 2023 on humanitarian grounds; he passed away in September 2024.