Peru's President Signs Controversial Amnesty Law for Armed Conflict Atrocities

The recent amnesty law signed by Peru's President Dina Boluarte, which pardons members of the armed forces and police facing accountability for atrocities committed during the country's internal conflict, has reignited tensions around human rights and justice in Peru.

Peru's President Dina Boluarte has sparked significant controversy after enacting a new law that grants amnesty to soldiers, police, and civilian militias accused of committing serious human rights violations during the country’s prolonged armed conflict from 1980 to 2000. This law, which was passed by Congress in July, overrides an earlier directive from the Inter-American Court of Human Rights that sought to halt its implementation while assessing its implications for victims of these abuses.

The legislation is expected to benefit hundreds of individuals within military and police forces, as well as self-defense groups, potentially leading to the release of those over the age of 70 currently serving sentences for their involvement in such atrocities. The violence inflicted during this dark chapter in Peruvian history primarily involved the Maoist insurgencies of the Shining Path and the Tupac Amaru Revolutionary Movement, resulting in approximately 70,000 fatalities and the disappearance of over 20,000 individuals, as documented by Peru's Truth and Reconciliation Commission (TRC).

In defense of her decision, President Boluarte, who made history as Peru's first female president following her election in 2022, argued that the government is recognizing the sacrifices made by those who fought against terrorism to preserve democracy. However, her stance has drawn fierce criticism from human rights organizations. Juanita Goebertus of Human Rights Watch called the law a "betrayal of Peruvian victims" and lamented it undermines years of efforts aimed at achieving accountability for past atrocities.

International bodies, including the United Nations and Amnesty International, had previously expressed deep concern and urged Boluarte to veto the bill, citing the need for thorough investigations and prosecutions of severe human rights violations, encompassing extrajudicial killings, enforced disappearances, torture, and sexual violence. UN experts indicated that this new amnesty could potentially obstruct or reverse over 600 ongoing trials and 156 existing convictions.

Particularly troubling is the TRC's report indicating that state agents were responsible for 83% of recorded cases of sexual violence during the conflict. As if echoing the past injustices, last year Peru instituted a statute of limitations for crimes against humanity committed prior to 2002, effectively closing off numerous investigations into alleged war crimes.

This controversial bill comes on the heels of other legal troubles for Peru, as former President Martin Vizcarra has been ordered into preventive detention amid corruption allegations related to his time as governor of Moquegua. He becomes the fifth former president embroiled in corruption investigations, underscoring the continuing challenges faced by the nation in reconciling its tumultuous past.