Spanish
Lima,.- The Board of Deans of the Bar Associations of Peru (JUDECAP) expressed this Monday its deep concern over recent rulings by the Constitutional Court that supported a rule that limits criminal prosecution in cases of crimes against humanity committed before 2002.
The JUDECAP stated, in a statement, its agreement with the magistrates who issued dissenting votes and highlighted that international criminal law recognizes the non-statute of limitations for crimes against humanity since the mid-20th century because they are imperative norms of international law.
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In this regard, it rejected any interpretation that reduces the State's capacity to investigate acts that "constitute serious human rights violations committed before 2002", as this affects international obligations and the victims' right to justice. As representatives of the Bar Associations in Peru, they took note of the exhortation made to Congress to adapt the Penal Code to international standards in the classification of crimes against humanity and war crimes, considering it "an urgent task" to avoid normative gaps that generate impunity. Similarly, they urged the Peruvian State to ensure that ongoing criminal proceedings are conducted under standards of due process, judicial independence, and reasonable timeframes, ensuring full respect for the rights of all parties involved. Before the law that limited the investigation of human rights abuses until 2002, former President Alberto Fujimori (1990-2000) was prosecuted and sentenced to 25 years in prison for two notorious massacres committed by the covert military group Colina during the years of the internal armed conflict (1980-2000). Currently, an undetermined number of military personnel and police officers are under investigation for crimes against humanity committed several decades ago during the same period, and some of those trials have proceeded due to the determination of the magistrates, despite the law passed by Congress to limit the investigation of these cases.
