Peru used excessive force in protests that left more than 60 dead

The UN Special Rapporteur* on the right to freedom of peaceful assembly stated on Thursday that the Government of Peru used excessive and disproportionate force during the December 2022 protests that left more than 60 dead and hundreds injured.

At the end of a ten-day official visit to Peru, Clément Nyaletsossi Voule called for ensuring that those responsible for killing and injuring protesters are held accountable before justice.

On December 7, the president of Peru, Pedro Castillo, was removed from office and detained after having reported that he would close Parliament and establish an emergency government based on decrees to restore the rule of law and democracy. Castillo was accused of plotting a coup to avoid impeachment on corruption charges.

Deposed Castillo, who was elected in July last year, his vice president, Dina Boluarte, took office, as provided for in the country’s Constitution. Boluarte is the sixth president of Peru as of July 2016.

These events unleashed a historic wave of mobilizations throughout the country that found in response repressive measures and excessive and disproportionate use of force by law enforcement.

More than 60 people were killed in clashes in which there were also hundreds of wounded, including women, children, members of indigenous communities and police officers. In addition, the violence caused the destruction of property.

Recognize the suffering of the victims

The special rapporteur condemned all violent acts and assured that in order to overcome the social and institutional crisis that Peru is currently experiencing, it is essential that there be justice, in addition to a political reform.

“The government should reaching out to the victims of the recent protests and acknowledge their suffering. It has an obligation to ensure that those responsible for human rights violations during demonstrations are effectively held accountable,” he declared.

Voule added that the State “must guarantee access to justice, remedies, reparation and compensation to the victims, even assuming the cost of medical treatment for the injured.”

Racism and discrimination

The expert denounced exclusion, racism and discrimination that exist in a deeply rooted way in Peruconsidering that they affected the government response to the mobilizations.

He explained that the indigenous communities that protested were stigmatized and called on the government to recognize that they were repressed in a violent and disproportionate way.

In this regard, he urged the authorities to respect the human rights of all Peruvians addressing the underlying historical causes of the protests that, in his opinion, reflect a loss of confidence in the democratic order and in the existing institutions in Peru.

“Indigenous and rural populations feel particularly excluded and unrepresented in the economic, social and political systems of the country. They are the most impacted by exclusion and poverty and have not benefited from the years of democracy”, he pointed out.

Voule raised the need for Peru to address the deep social and economic injustices and disparities affecting rural and indigenous communitiesguaranteeing their access to justice, education and health services.

The country must accept that The solution to this crisis resides, in large part, in the inclusion and justice towards those communities, he pointed out.

He also specified that Peru needs to adopt political reforms to reinforce the rule of law, the separation of powers and create a more representative and participatory democracy.

As a first step to reduce tensions, the expert called for a broad and representative dialogue to discuss reforms, including protesting communities.

Protesters are not terrorists

On the other hand, Voule rejected hostile rhetoric used against the protest movement, which has labeled protesters as terrorists.

“Given the violent history of terrorism in Peru, this accusation is dangerous and traumaticVoule said.

Referring to the Peruvian judiciary, he indicated that in the past it had respected the right to freedom of peaceful assembly and ordered it to preserve it, evoking the State’s responsibility to protect this guarantee.

“Victims trust that the judiciary respect human rights norms and protect these rights,” he said.

Voule asked the Peruvian authorities to guarantee due process to those who have been accused or are under investigation.

The special rapporteur will present to the Human Rights Council a report on his visit to Peru in June 2024.

* The special rapporteurs are part of what is known as Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN human rights system, is the general name of the Council’s independent investigative and monitoring mechanisms that address specific country situations or thematic issues around 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.