UN: Peru Amnesty Bill for Atrocity Crimes Violates Law

OHCHR

GENEVA - UN experts* today expressed alarm at the approval by Peru's Congress of a bill granting amnesty to perpetrators of gross human rights violations committed during the internal armed conflict (1980-2000).

"The proposed legislation would prevent the criminal prosecution and condemnation of individuals who committed gross human rights violations during Peru's internal armed conflict. It would put the State in clear breach of its obligations under international law," the experts said.

Bill 7549/2023-CR grants amnesty to members of the Armed Forces, the Peruvian National Police, Self-Defense Committees and State officials denounced or prosecuted for crimes committed between 1980 and 2000, and whose conviction verdict is not final.

"Peru has a duty to investigate, prosecute and punish gross human rights violations and crimes under international law committed during the conflict," the experts said. "International standards prohibit amnesties or pardons for such grave crimes."

On 11 June 2025, the bill was approved on first reading by the Congress plenary, despite not having received a favourable report from the Justice Commission and without prior public disclosure. On 9 July 2025, while the plenary of the Congress was not in session, the Permanent Commission of the Congress approved the bill on second reading. The bill will be sent to the executive branch for signing or observation. If enacted, it could affect 156 cases with final judgments, and over 600 ongoing judicial proceedings related to serious human rights violations and crimes under international law committed during the internal armed conflict.

"Failure to ensure criminal accountability for these crimes violates human rights treaty norms and jus cogens, as well as customary international law. It also impedes access to justice, truth and reparation for victims," the experts said. "We call on the Government of Peru to use its constitutional prerogative to veto the law which clearly contravenes Peru's international obligations".

The bill also grants "humanitarian" amnesty to members of the Armed Forces, the Peruvian National Police, Self-Defense Committees and State officials over the age of 70 years who have already been convicted.

"The early release of people convicted of serious human rights violations and crimes under international law is at odds with international human rights law. There are specific requirements for granting pardons on humanitarian grounds that must be carefully observed to avoid arbitrariness," the experts said.

"Pardons can be granted for imminent terminal illnesses," they said. "However, benefits cannot be granted simply owing to the passing of time, the person's age, or their general physical or mental state resulting from age. In such cases, States must guarantee the right to health through medical services provided in prisons, or transfers to specialised medical centres."

The experts noted that the passing of the bill occurred against the backdrop of a series of human rights setbacks, including the enactment of Law No. 32107 on 9 August 20924, which introduced a statute of limitations for war crimes and crimes against humanity committed prior to 1 July 2002, as well as the introduction of several bills proposing Peru's withdrawal from the Inter-American System for the protection of human rights.

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