CIVICUS discusses Peru’s new amnesty law with Nadia Ramos Serrano, founder and researcher at the Leadership Centre for Women of the Americas, a civil society organisation working on democratic development and the role of women in politics.

In August, the Peruvian government passed a controversial amnesty law that benefits military personnel, police officers and members of self-defence organisations accused of committing human rights violations during Peru’s internal armed conflict from 1980 to 2000. The law affects the search for justice for some 69,000 victims and has drawn national and international condemnation for institutionalising impunity.

What does the amnesty law establish?

The amnesty law exonerates from criminal responsibility members of the armed forces, the national police and self-defence committees who have been prosecuted and sometimes convicted for crimes committed during the internal armed conflict. Although in theory the law excludes crimes of corruption and terrorism, in practice it could benefit people involved in serious human rights violations including extrajudicial executions, enforced disappearances and torture.

The law re-victimises the victims. After over three decades of struggle, the state tells them that those who murdered and disappeared their relatives or subjected them to torture will not be punished and may be released. It is the state again causing harm rather than providing redress.

The law perpetuates impunity under the pretext of pacification and consolidates structural discrimination. The majority of victims were Indigenous Aymara and Quechua peasants, historically excluded groups. Relatives and victims feel the state is again abandoning them to protect the powerful, fuelling frustration, political disaffection and lack of trust in the system.

Does the new law comply with national and international law?

It doesn’t. The state cannot pardon itself for violating human rights: justice is not negotiable. This law seeks to normalise impunity and violates the principle of equality before the law. It weakens accountability and sends the dangerous message that those in power can violate fundamental rights and face no consequences.

This contravenes international law. The Inter-American Court of Human Rights (IACtHR) has established that amnesty cannot be granted for crimes against humanity. One example is the case of Barrios Altos versus Peru, where the court condemned the Peruvian state for murdering 15 people and seriously injuring four others in 1991. The court has also declared that amnesty laws that seek to prevent the investigation and punishment of serious human rights violations are incompatible with the American Convention on Human Rights.

What has civil society’s response been?

Civil society has responded firmly. Academic institutions, citizen movements, family associations, human rights organisations and victims’ groups have rejected the law, which they consider a serious setback for struggles for justice and memory. The National Human Rights Coordination, alongside feminist and youth groups, have organised sit-ins, published statements and run public campaigns to denounce impunity.

The wounds of the conflict remain open. While some insist on focusing exclusively on the fight against terrorism, rendering state crimes invisible, thousands of families continue to wait for justice. Most of those responsible have never been brought to trial and over 20,000 people are still missing. For their families, this law reinforces the lack of justice and prolongs a mourning process that has already lasted for decades.

How does this situation compare with other transitional justice processes in the region?

Peru is experiencing a setback, while the regional trend is of progress in transitional justice processes. Argentina, for example, repealed laws that prevented those responsible for crimes against humanity committed during dictatorship from being tried, and hundreds of military personnel have been convicted as a result. Chile implemented policies of reparation and held trials against some people responsible for human rights violations. Colombia, with the creation of the Special Jurisdiction for Peace as part of the peace agreement with FARC guerrillas, has also shown it is possible to seek justice and reconciliation without resorting to blanket amnesties.

The international community has reacted strongly to Peru’s setback. The IACtHR issued an urgent resolution reminding the state it cannot apply amnesties in cases of crimes against humanity. The United Nations and organisations such as Amnesty International and Human Rights Watch have pointed out the law violates basic principles of international law, and foreign governments and human rights experts have warned about the deterioration of the rule of law in Peru.