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Peru’s Constitutional Court Upholds Law Limiting Crimes Against Humanity to Post-2002 Cases

The statute remains in force after a 4–3 ruling that fell short of the five votes required to strike it down.

Overview

  • The court rejected challenges from the Lima Bar Association and the Public Prosecutor’s Office seeking to overturn Law No. 32107.
  • Four justices—Luz Pacheco, Francisco Morales, César Ochoa, and Pedro Hernández—voted to uphold the law with interpretive criteria, while Helder Domínguez, Gustavo Gutiérrez, and Manuel Monteagudo favored striking it down.
  • Law No. 32107 confines crimes against humanity and war crimes to acts committed on or after July 1, 2002, and directs pre-2002 conduct to the 1991 Penal Code, including its statutes of limitations.
  • The court urged Congress to amend the Penal Code to add the required “context element” that proves crimes occurred as part of a systematic or widespread attack on civilians.
  • Acting congressional president Fernando Rospigliosi celebrated the ruling on X, asserting that military and police prosecuted for 1980s–90s cases should be freed and proceedings annulled.