Peru's Controversial Amnesty Law: President Boluarte's Decision Faces Backlash

Boluarte's recent amnesty law, approved by Congress, aims to release military personnel and civilians accused of crimes during Peru’s conflict with Maoist rebels, but critics argue it undermines accountability for past atrocities.

In a divisive move, President Dina Boluarte of Peru has enacted a contentious new law that grants amnesty to hundreds of individuals, including military personnel, police, and members of civilian militias accused of committing atrocities during the country’s decades-long armed conflict against Maoist insurgent groups. This law, passed by Congress in July and effective immediately, conflicts with a directive from the Inter-American Court of Human Rights, which called for a suspension while assessing its implications for the victims involved.

The amnesty applies to those implicated in crimes occurring between 1980 and 2000, and additionally includes provisions for the release of individuals over 70 currently serving sentences for these offenses. Reports indicate that the conflict, primarily involving the notorious Shining Path and Tupac Amaru guerilla groups, resulted in approximately 70,000 deaths and over 20,000 forced disappearances, according to findings from Peru's Truth and Reconciliation Commission (TRC).

In defense of the law, Boluarte asserted that the government is honoring the sacrifices of those who fought against terrorism. However, the response from human rights organizations has been overwhelmingly negative. Prominent figures, including Juanita Goebertus of Human Rights Watch, labeled the law as a serious "betrayal of Peruvian victims" and a significant setback to ongoing efforts toward achieving justice for those subjected to violence.

The United Nations and Amnesty International had previously urged Boluarte to veto the bill, warning that it would contravene Peru's obligations to investigate and hold accountable those responsible for egregious crimes such as extrajudicial killings, torture, and enforced disappearances. Critics are particularly alarmed about the law's potential to interrupt or overturn over 600 pending trial cases and 156 recent convictions related to human rights abuses.

Adding to Peru's legal troubles, the TRC reported that a staggering 83% of documented cases of sexual violence during the conflict were perpetrated by state agents including military forces. In a related policy development, a statute of limitations for prosecuting crimes against humanity established last year appears to have effectively concluded numerous investigations into atrocities committed prior to 2002, benefitting political figures like the late former president Alberto Fujimori, who was released on humanitarian grounds but had previously been imprisoned for committing various crimes, including the killing of civilians.

In a separate legal matter, former president Martin Vizcarra faced a preventative detention order for five months due to allegations of accepting bribes amounting to $640,000 while he served as governor from 2011 to 2014, making him the fifth former leader entangled in corruption inquiries.