GENEVA - UN human rights experts* today expressed grave concern over the content of Peru's Constitutional Court ruling upholding the "impunity" law, which allows statutes of limitations for crimes against humanity.
"This ruling is a dangerous step backward," the experts said. "Crimes against humanity are imprescriptible under international law."
The majority decision of four judges upheld the constitutionality of Law 32107, arguing that the statute of limitations could apply to such crimes if committed prior to Peru's ratification of the Rome Statute and the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity. The Court further argued that treaty obligations were not self-executing due to an interpretative declaration, invoked legality and non-retroactivity principles, and cited lengthy proceedings.
"As a peremptory norm binding on all States, the prohibition of statutory limitations for crimes against humanity is not contingent on treaty ratification," the experts said.
"The principle of legality does not shield perpetrators of atrocities that were criminal under international law at the time," they said. "Neither can delays in proceedings justify impunity for grave violations."
The UN experts recalled their previous opinions and the decisions of the Inter-American Court and Commission on Human Rights warning Peru about the illegality of the Act under international law.
"Peru is bound by the norms of general international law and by its international obligations. Domestic interpretations cannot override norms designed to protect humanity from the worst crimes," they said.
The Court's ruling also ordered the annulment of judicial decisions that disregard the constitutionality of the "impunity law".
"This decision undermines judicial independence and introduces a risk of additional reprisals against justice operators who are already under attack for applying binding international standards," the experts said.
They urged Peru to align its laws with international standards, ensure accountability, and protect judicial actors.
"Justice delayed must not become justice denied," the experts said.
The UN experts have been in contact with the Peruvian Government regarding these issues.
