A group of experts reminds Peru that crimes against humanity do not prescribe

The bill presented to the Peruvian Congress establishing that no one may be prosecuted, convicted or punished for crimes against humanity or war crimes committed before July 1, 2002, contravenes international law on the application of prescription for atrocity crimes, UN experts* warned this Friday.

“The adoption of bill 6951/2023-CR pending approval before the Peruvian Congress, would prevent the criminal prosecution, conviction and punishment of people who committed such crimes before July 2002, hindering access to justice, and the right to the truth and reparation of victims“said the experts.

Second vote in Congress

On June 6, 2024, the Plenary of Congress voted in favor of the Bill that proposes the application of the prescription in such circumstances. If approved, no act prior to that date would be classified as a crime against humanity or a war crime. For the legislature to approve the law, a second plenary vote is necessary.

“The approval of the bill would put Peru in clear contravention of its obligations under international law” the experts said. “In fact, statutes of limitations cannot apply to serious violations of international human rights law and serious violations of international humanitarian law, which constitute crimes under international law.”

Crimes against humanity do not prescribe

“The imprescriptibility of crimes against humanity is a norm of jus cogens and customary international law, from which no derogation is permitted and to which Peru must adhere,” they noted.

“At a time when Most States have reformed their domestic legislation to comply with this fundamental principle.bill 6951/2023-CR collides with the basic values ​​of the international community, encourages impunity and is in patent contradiction with the rule of law.”

The experts called on the legislature to ensure that regulations passed by Congress fully comply with international law and human rights standards.

*The experts: Bernard Duhaime, special rapporteur on the promotion of truth, justice, reparation and guarantees of non-repetition; Morris Tidball-Binz, special rapporteur on extrajudicial, summary or arbitrary executions; Aua Baldé (president-rapporteur), Gabriella Citroni (Vice President), Grażyna Baranowska, Ana-Lorena Delgadillo Pérez and Angkhana Neelapaijit, Working Group on Forced or Involuntary Disappearances.

Special Procedures, the largest body of independent experts in the UN human rights system, is the general name for the Council’s independent investigative and monitoring mechanisms that deal with specific country situations or thematic issues in all parts of the world. Special Procedures experts work on a voluntary basis; They are not UN staff and do not receive a salary for their work. They are independent of any government or organization and provide their services in an individual capacity.