Amnesty Law in Peru Sparks Outrage Over Atrocities During Conflict

In a move met with widespread condemnation, President Dina Boluarte enacts amnesty for hundreds implicated in historical human rights abuses, raising questions about accountability and justice.

Peru's President Dina Boluarte has ignited a firestorm of controversy with her recent decision to implement an amnesty law that pardons members of the armed forces, police, and civilian militias involved in atrocities during the country’s two-decade long conflict against Maoist insurgents. This measure, signed into law after being passed by Congress in July, continues despite an explicit order from the Inter-American Court of Human Rights to hold the legislation pending a thorough review focused on its ramifications for victims.

The law is poised to benefit hundreds of accused personnel for crimes committed from 1980 to 2000, as it stipulates the release of any individuals over 70 years of age currently serving sentences for those offenses. Estimates suggest the armed conflict, predominantly between the Shining Path and Tupac Amaru terrorist groups and state forces, resulted in approximately 70,000 deaths and over 20,000 disappearances, as outlined in the findings of Peru's Truth and Reconciliation Commission (TRC).

During her announcement, Boluarte emphasized that the government was honoring the sacrifices of those who fought against terrorism, framing the amnesty as a defense of democracy. However, this justification has been met with outrage from various human rights advocates. Juanita Goebertus, the Americas director at Human Rights Watch, declared the new law a "betrayal of Peruvian victims," asserting that it undermines years of advocacy for accountability in the wake of grievous violations.

International watchdogs, including United Nations experts and Amnesty International, had previously called for Boluarte to veto the bill, warning it breached Peru’s obligations regarding the investigation and prosecution of serious human rights abuses such as extrajudicial killings, enforced disappearances, torture, and sexual violence. Alarmingly, the amnesty is anticipated to obstruct or potentially reverse over 600 ongoing trials and 156 convictions related to these violations.

The TRC reported that state agents—predominantly the armed forces—were responsible for 83% of documented instances of sexual violence during this tumultuous period. Furthermore, last year saw Peru adopting a legal statute of limitations for crimes against humanity committed prior to 2002, effectively ceasing numerous inquiries into alleged offenses amid the conflict.

Additionally, this legislative shift has benefitted former president Alberto Fujimori, who had received a prison sentence for his involvement in brutality, including civilian massacres. He was released on humanitarian grounds in 2023 and passed away in September 2024. The situation remains a contentious issue in Peru, as many grapple with the ongoing implications of acknowledging past atrocities while striving for reconciliation and justice.