The government of Dina Boluartethrough an official statement of the Ministry of Justicerefuses to comply with the order of the Inter -American Court of Human Rights (IACHR)which requires immediately suspending the process of the project of known ‘Amnesty Law’. This initiative was promoted with the purpose of granting an amnesty to members of the Armed Forces and National Police who have been investigated for committing alleged crimes of violation of human rights in the framework of the fight contre terrorism between 1980 and 2000.
In its pronouncement, the Ministry of Justice expressed an “energetic rejection” to the provisions of the Court. In addition, he indicated that the decision violates national sovereignty and contravenes the principle of subsidiarity of the inter -American system. According to the Government, there is no legal basis for an international body to intervene on a project that has not yet been debated or approved in Congress. He insisted that it corresponds only to the State to evaluate this type of initiatives.
“The Peruvian State expresses its energetic rejection of the repeated provisions of the Court that contravene international law, since they do not detach from the American Convention on Human Rights (…) the Court cannot replace the national authorities (or impose actions) on a matter that has not been known in internal headquarters, affecting not only the sovereignty of Peru but weakening the system itself,” reads itself.
Statement of the Ministry of Justice. Photo: Dissemination
Despite his disagreement, the Executive confirmed that he will participate in the Public Hearing convened by the IDH Court for August 21. In it, the agents of the Peruvian State will present their legal arguments. However, the statement of the statement suggests that the government will insist on ignoring the authority of the court if it considers that it affects its internal decision capacity.
The resolution mentioned in the statement was issued on July 24 by the presidency of the IACHR in the framework of the supervision of the sentences of the ‘Altos Barrios’ and ‘La Cantuta’ cases. The document requires that the process of the law be suspended and if not applied in case it is approved. The Court warns that the bill could contradict international obligations assumed by the country, when interfering with the victims’ right of justice.
CIDH warns that amnesty law favors impunity
The IACHR warned that the bill, promoted by congressmen, such as Fujimorist Fernando Rospigliosi, who hours before the Minjus statement was chosen as second vice president of the board of directors of the Congress, favors the impunity of military and police who have been investigated for committing alleged crimes against humanity during the internal armed conflict. The measure responds to a request for the representation of victims, which warned that the norm could affect its right to justice.
The Court also warned that, if the law is approved, it should not be applied. The International Court recalled that Peru is obliged to ensure that laws are not adopted contrary to the provisions of its sentences. Therefore, he summoned a public hearing for August 21, where he will listen to the arguments of the parties and could issue provisional measures.
