Peru Defends Amnesty Law Against International Court Amid Justice Reform Push

Government Rejects Court’s Demand to Halt Military Amnesty

Peru’s government has firmly rejected a directive from the Inter-American Court of Human Rights (IdH Court) concerning an amnesty law for military and police personnel. The controversial measure, approved by Congress, seeks to pardon individuals involved in counter-terrorism efforts between 1980 and 2000.

Justice System Reform Under Scrutiny

The statement comes as the administration, led by President Dina Boluarte, champions a significant reform of the justice system. Minister of Justice Juan Alcántara emphasized that the proposed reforms are not intended as interventions into the judiciary or the Public Ministry.

“We question the intention of the IdH Court to prevent us from issuing our own norms.”

—Juan Alcántara, Minister of Justice and Human Rights

Alcántara stated the IdH Court’s request to halt the amnesty process is an “open interference.” He argued that the court’s intervention is premature, as the law has not yet been promulgated by the executive branch, and internal legal remedies have not been exhausted.

Executive’s Stance on Amnesty Law

The executive branch currently has no official position on the amnesty law itself, awaiting its official submission. Congress approved the measure in its first vote on June 12 and in a second vote by the Permanent Commission in July. The official text was sent to the Presidency on July 25.

Navigating Justice Reform Complexities

Regarding the broader justice system reform, Alcántara explained that a dedicated commission, established in 2019 and comprising heads of key judicial institutions, is working towards a consensus. He acknowledged that each institution holds distinct viewpoints, necessitating collaborative effort.

This initiative runs parallel to a separate commission in Congress, led by Congresswoman María del Carmen Alva, which is also developing its own reform proposals. Alcántara assured that the executive’s reform is driven by legal mandate, not personal agendas.

He also addressed concerns raised by the Prosecutor of the Nation regarding potential intervention. Alcántara firmly denied this, asserting that the Public Ministry is an active participant in the reform commission, thus precluding any undue influence.

President’s Message and Public Perception

On President Boluarte‘s recent message to the nation, which detailed the government’s efforts with extensive data, Alcántara defended its length and content. He highlighted the importance of providing a comprehensive diagnosis of the country’s situation.

The minister dismissed suggestions that the President’s call for justice reform was linked to her ongoing investigations. He stressed that judicial reform is a systemic necessity, not a response to individual cases. This aligns with international trends; for instance, El Salvador has been implementing significant judicial reforms since 2021 to combat gang violence. Reuters (2023).

Alcántara clarified that criticisms within the President’s speech regarding the justice system’s functioning were general observations, not specific indictments of any particular institution.

Upcoming meetings for the Justice Reform Commission are scheduled for early August, aiming to finalize proposed conclusions.