The government has decided, once again, to turn its back on human rights. After the approval of the Amnesty Lawpromoted from the Constitution Commission by its then president Fernando Rospigliosi and written by Jorge MontoyaDina Boluarte gave the definitive approval and promulgated the norm. In this way, Daniel Urresti, Martín Rivas and other members of Colina Group They appear among the possible beneficiaries.
The law grants amnesty to members of the Armed forcesthe National Police of Peru and the Self -defense committees That, between 1980 and 2000, they participated in the fight against terrorism and were denounced, investigated or prosecuted for crimes related to these actions, such as extrajudicial executions. Likewise, he grants a humanitarian amnesty to those over 70 years of those groups that have a final sentence – or in execution – for crimes linked to the anti -subversive struggle.
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Carlos Rivera, lawyer Legal Defense Institute (IDL), he indicated a The Republic that at least 300 military and police processed or sentenced by human rights violations could benefit from this law. Now the decision is in the hands of the judges, who must determine their application. Rivera recalled that in 2024, when he tried to prescribe crimes against humanity through the so -called “impunity law”, most magistrates rejected requests; According to him, something similar could happen with this standard.
“In many cases in which the so -called impunity law was sought, only one prospered. In most, the Judicial Branch He resolved that he should be acted by sentence, which implies that those orders were dismissed. With the amnesty law it is very likely that the same thing happens, although the circumstances are not identical, “said human rights lawyer.
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Daniel Urresti could be released thanks to this law
In April 2023, the Judiciary sentenced 12 years in prison to the former presidential and former minister Daniel Urresti as co -author of the journalist’s murder with alevosía Hugo Bustiosoccurred on November 24, 1988, as well as by attempted homicide against Eduardo Rojas Arce. The court determined that Urresti participated in the armed attack and placed an explosive on the Bustios body. Because it is a fact framed in the internal armed conflict and being a military in retirement, it meets almost all the requirements to invoke this benefit.
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Urresti will turn 70 at the end of August 2026, which could allow him to claim that the law empowers his release, despite the firm sentence that weighs on him.
“Amnesty’s laws were conceived to apply at a specific time, not to have an indefinite validity. However, in Peru they seem to be interpreted as permanent. If this law is understood, Urresti, when he turned 70, could ask him to be applied. I do not consider it right, but the norm opens the door to that interpretation,” Rivera warned.
Martín Rivas and the members of the Colina Group
During the Fujimorist dictatorship, the actions of the Colina paramilitary group supposed a hard blow to the defense of human rights. Responsible for massacres such as Altos neighborhoods and The Cantutaseveral of its members were sentenced for crimes against humanity.
Martín Rivas, operational chief of the Colina Group, was sentenced in 2010 by the Altos neighborhood massacreThe Matanza del Santa and the disappearance of the journalist Pedro Yauri. In 2023, next to Vladimiro Montesinoshe received another conviction for the murder of the intelligence exagent Mariella Barreto, and was subsequently sentenced by the massacres of PATIVILCA and the Cantuta. He is currently 67 years old and will turn 70 in 2027.
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“If we apply the same criteria as for Urresti, in two years he could request his amnesty,” said Rivera, who stressed that these types of benefits must be requested by case: “It is not that amnesty is granted for a case and automatically extends to all; each process must be evaluated individually.”
For its part, other members of the Colina Group They are also waiting to be free thanks to the law promulgated by Boluarte. Jesús Antonio Sosa Saavedraaka ‘kerosene’, could still not host the law, since he is 66 years old. The same goes for Carlos Pichilinguealso convicted and who, being of the same military promotion as Martín Rivasdoes not exceed the required age. Both were sentenced in 2024 to 18 years in prison for the Pattilca massacre.
Telmo Hurtado also among the beneficiaries
The Amnesty Law It was promulgated on August 14, coinciding with the anniversary of the Accomarca massacre. That 1985 day, the then hub Telmo Hurtado He led the military patrol that murdered between 61 and 69 people – including women, children and the elderly – in the Ayacuchana town.
After fleeing to USAHurtado was sentenced in 2016 to 23 years in prison as a mediate author of the crime. Nine years after that sentence, the rule signed by Boluarte. “It is a very sad coincidence. In 2018, his conviction was confirmed. To turn 70, he could also benefit,” Rivera warned. It is true that this scenario is still far away, Hurtado meets the minimum age to access this benefit in 2031.
