On August 7, 2024, the Peruvian Congress enacted Law No. 32.107 of 2024. The law’s stated purpose is to provide for the application and scope of crimes against humanity and war crimes within the Peruvian legal framework. This is done in accordance with the Rome Statute of the International Criminal Court and the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity. (Law No. 32.107, art. 1.)
The Rome Statute came into effect in Peru on July 1, 2002, and the Convention on the Non-Applicability of Statutory Limitations did so on November 9, 2003. (Art. 2.) Law 32.107 establishes a temporal limitation for prosecutions to events occurring after the Rome Statute came into effect in Peru. This has generated controversy due to its potential to grant impunity for war crimes and crimes against humanity committed before July 1, 2002, which includes periods of internal armed conflict (1980-2000) during which the government committed serious human rights violations.
Key Highlights of Law No. 32.107
The law emphasizes strict adherence to fundamental principles of criminal law, such as the principle of legality and non-retroactivity. (Law No. 32.107, art. 1.)
According to the Peruvian Constitution and its Penal Code, the principle of legality means that no person must be prosecuted or convicted for an act that, at the time of its commission, was not a crime by law. (Constitution, art. 2.24 (d); Penal Code, art. II.)
The Constitution does not permit retroactive effects, except in criminal matters when it favors the accused. (Constitution art. 103.) As a constitutional procedural principle, the most favorable law must be applied to the accused in cases of doubt or conflict between criminal legislation. (Art. 139.11.) Similarly, the Penal Code states that in criminal proceedings, when a more favorable law is enacted, it must be applied to the defendant. (Penal Code art. 6.) Additionally, if under a new law a crime under a prior norm ceases to be punishable, the imposed penalty and its effects are extinguished. (Art. 7.)
Following these principles, Law No. 32.107, specifies that the application of the Rome Statute and the Convention on the Non-Applicability of Statutory Limitations are non-retroactive, and apply only to events that happen after they came into to effect in Peru. (Law No. 32.107, arts. 2, 3.)
Additionally, article 4 explicitly states that all crimes against humanity and war crimes committed before the entry into force of the Rome Statute and the Convention on the Non-Applicability of Statutory Limitations are subject to the national statute of limitations. In Peru, the statute of limitation for crimes is the maximum penalty of its custodial sentence, which shall not exceed 20 years, except for crimes that have set life imprisonment, which shall not exceed 30 years. (Penal Code, art. 80.) This means that criminal prosecution for acts before July 1, 2002, related to crimes against humanity or war crimes may now be extinguished due to Peru’s national statute of limitations.
Furthermore, this new law states that no individual can be prosecuted, convicted, or punished for crimes against humanity or war crimes committed before July 1, 2002, and any prosecution in this regard will be deemed null and void. (Art. 5.) This means that, even if the crimes were not time-barred, this new law prevents any form of prosecution for these crimes.
Reaction
The enactment of Law 32.107 has sparked widespread criticism from international human rights bodies. The Inter-American Commission on Human Rights expressed grave concern, arguing that the law undermines the human right to access justice, particularly for victims of serious human rights violations committed during Peru’s internal armed conflict. In a parallel response, UN experts have stated that Law No. 32.107 contravenes international legal standards regarding the statute of limitations for grave crimes.
On August 9, 2024, the Specialized Subsystem on Human Rights and Interculturality of Peru’s Public Ministry, in a public statement, claimed that this law would obstruct ongoing investigations of human rights violations and war crimes, many of which are at critical stages.
On August 12, 2024, the Public Ministry announced its opposition to Law No. 32.107 and its support to the ongoing investigations and proceedings of the Specialized Subsystem on Human Rights and Interculturality of Peru’s Public Ministry that may be affected by the law. The Public Ministry said the law undermines the work that has been done in current proceedings of crimes against humanity and war crimes.
On September 9, 2024, the Lima Bar Association (Colegio de Abogados de Lima, CAL) filed a lawsuit claiming Law No. 32.107 of 2024 unconstitutional.
On October 15, 2024, Peru’s Constitutional Court (Tribunal Constitucional) admitted the lawsuit filed by CAL, meaning that the court will consider the law’s constitutionality.
Stephania Alvarez, Law Library of Congress
December 17, 2024
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