Peru’s President Dina Boluarte has recently enacted a new law that grants amnesty to military personnel, police, and civilian militias accused of committing atrocities during the country’s violent conflict with Maoist insurgents, notably the Shining Path and Tupac Amaru Revolutionary Movement, spanning from 1980 to 2000. This contentious measure comes despite an injunction from the Inter-American Court of Human Rights which had ordered the law’s suspension for further review of its implications for victims of these crimes.
The amnesty applies to numerous individuals currently facing trials for their roles in a brutal conflict that resulted in the deaths of approximately 70,000 people and left over 20,000 unaccounted for, according to findings from Peru's Truth and Reconciliation Commission (TRC). The legislation also includes provisions for the release of those over 70 years of age serving sentences related to these crimes.
Justifying her decision, Boluarte stated that the law honors the sacrifices made by those who fought against terrorism and defended democracy, highlighting the government’s intent to recognize their contribution. However, this has drawn sharp criticism from a variety of human rights organizations, including Human Rights Watch, which labeled the decision a "betrayal" of the victims and a serious setback to years of advocacy for accountability.
The international community, including experts from the United Nations and Amnesty International, previously urged Boluarte to veto such legislation, arguing it directly contradicts Peru's responsibility to investigate and prosecute severe human rights violations such as torture, enforced disappearances, and extrajudicial killings. Concerns over the potential impact of this new law are profound, with estimates suggesting it could affect over 600 ongoing trials and invalidate 156 prior convictions related to serious abuses committed during the conflict.
The TRC has indicated that state entities, particularly the military, were implicated in 83% of documented cases of sexual violence during this period. Last year, a statute of limitations imposed on crimes against humanity committed prior to 2002 effectively concluded a multitude of investigations into alleged wartime atrocities, raising alarms about a lack of accountability.
In a related context, former president Martin Vizcarra was just recently placed in preventative detention for five months, facing corruption allegations surrounding his time as governor, marking him the fifth former president in Peru to face jail time in corruption probes.
