IACHR urges Peru to refrain from passing laws granting amnesties for serious human rights violations

June 26, 2025

Washington, DC—The Inter-American Commission on Human Rights (IACHR) urges the State of Peru to refrain from passing amnesties for serious human rights violations, in line with its international obligations and in compliance with judgments and monitoring decisions issued by the Inter-American Court of Human Rights concerning the country. It also calls on the State to guarantee victims' access to justice.

The IACHR has been monitoring the legislative process surrounding Bill No. 7549/2023-CR, which was approved in a first vote and proposes granting amnesties to members of the Armed Forces, the National Police of Peru, and Self-Defense Committees who have been reported, investigated, or prosecuted for actions committed during counterterrorism operations between 1980 and 2000. The bill also provides so-called humanitarian amnesties for individuals over the age of 70 who have been convicted or whose prison sentences (be they effective or suspended) are pending enforcement for crimes committed during that period. The final approval of the bill by Congress still requires a second vote.

The Peruvian State informed the IACHR that the bill has not yet come into force and therefore has not yet had any effect on human rights or caused any violation of these. It also confirmed that judges at all levels have the authority to assess whether laws are compatible with international human rights standards. The State noted that any concerns raised by the IACHR regarding the bill's potential incompatibility with the applicable human rights standards must respect the principle of subsidiarity inherent to the Inter-American Human Rights System. The State also reiterated its firm commitment to the protection and promotion of human rights, including respecting and guaranteeing access to justice and judicial protection.

The bill under discussion is part of a broader set of measures aimed at preventing the criminal prosecution of State agents responsible for serious human rights violations committed against thousands of individuals as part of counterinsurgency security operations between 1980 and 2000. In 2024, both the IACHR and the IA Court expressed concern over legal measures aimed at applying statutes of limitations to such crimes. In particular, the National Human Rights Coordinator publicly stated that the current bill could affect 156 cases with convictions and more than 600 ongoing proceedings, including cases concerning extrajudicial executions, enforced disappearances, torture, sexual violence, and massacres, many of which have been reported by victims and their families.

The prohibition on amnesties for serious human rights violations is an obligation under international law that has been recognized in the inter-American system since 1992. In its ruling on the Barrios Altos case and as part of the joint monitoring of the La Cantuta case, the IA Court has consistentily noted the inadmissibility of amnesties, statutes of limitation, and exclusion of liability clauses that seek to impede the investigation and punishment of those responsible for serious human rights violations, such as torture; extralegal or arbitrary summary executions, and forced disappearance.

The IA Court has clarified that so-called humanitarian amnesties based on beneficiaries' age are only permissible under international law when they concern nonviolent or lesser offenses. In 2018, the IA Court further stated that in cases of grave human rights violations, any legal measure aimed at protecting the health, life, or integrity of convicted individuals must impose the least possible restriction on victims' right of access to justice and should be applied only in exceptional cases where such measures are absolutely necessary.

In accordance with Article 2 of the American Convention on Human Rights—which requires States to adopt domestic legal measures implementing their international human rights obligations—the IACHR reiterates its call for Peru to refrain from approving this bill. Instead, the State should adopt mechanisms to fast-track the resolution of ongoing cases and provide legal certainty to both victims and defendants. Likewise, any humanitarian measure must be consistent with the standards outlined by the IA Court to Peru concerning laws that extinguish, suspend, reduce, or modify penalties for serious human rights violations or crimes against humanity.

The IACHR is a principal and autonomous body of the Organization of American States (OAS), whose mandate stems from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has the mandate to promote the observance and defense of human rights in the region and acts as an advisory body to the OAS on the matter. The IACHR is made up of seven independent members who are elected by the OAS General Assembly in their personal capacity, and do not represent their countries of origin or residence.

No. 128/25

12:30 PM