Peru: In public hearing before the IACHR, the State once again demonstrates its lack of commitment to the Inter-American System and to the victims human rights violations

• The hearing took place during the 190th session of the IACHR.  
• Given the State`s open disregard of its international obligations, the organizations that requested the hearing request that the IACHR include Peru among the group of countries that do not recognize the Inter-American System and the human rights obligations therein.   
• We reiterate the urgent request for the implementation of an Interdisciplinary Group of Independent Experts (IGIE), given that the dialogue with the State has not translated into tangible action to protect and guarantee human rights.  
• During their presentation, representatives of the Peru denied the existence of the armed conflict.  

Washington, DC and Lima, Peru; July 10, 2024. – In a public hearing held in the framework of the 190th period of sessions of the Inter-American Commission on Human Rights (IACHR), human rights organizations requested that the IACHR include Peru in Chapter IV.B of its annual report due to the “systematic failure of the State to comply with its obligation to combat impunity, attributable to a manifest lack of will.” This chapter includes countries with human rights situations of concern that require the special attention of IACHR and member states of the Organization of American States (OAS).  

During their intervention, the human rights organizations that requested the hearing highlighted the serious and sustained human rights crisis in the country caused by the weakening of democratic institutions, massive and systematic violations of human rights, and a lack of state will to combat impunity. This crisis has made it easier for those responsible for human rights violations to reach positions of power and promote policies that reverse progress on truth, justice and reparations.  

During its presentation, Peru denied the existence of an armed conflict, asserting that in international law that term has a specific connotation that does not apply to what happened in Peru. This statement was criticized by Commissioner Andrea Pochak, who pointed out that the armed conflict, which generated serious human rights violations and crimes against humanity, was recognized as such by the Inter-American Commission, international organizations, and even the Peruvian justice system. “To deny the existence of an armed conflict is to deny the truth and we cannot allow this on the part of the Inter-American Commission,” said Commissioner Pochak.  

During the hearing, the human rights organizations emphasized that the three branches of government have shown an explicit contempt with the obligation to combat impunity. In one particularly serious incident, the Peruvian Congress approved bill 6951/2023-CR on July 4, 2024, in open disregard of the pronouncements of the United Nations and the Inter-American Court; days before, the Court granted provisional measures to the victims of the Barrios Altos and La Cantuta cases, ordering the State to refrain from approving the bill because of its serious impact on the victims’ right to justice. In response, the Executive Branch—far from counteracting these actions—sent a letter to the Inter-American Court rejecting the resolution. Likewise, the head of the Judiciary publicly stated that the Inter-American Court does not have the power to ask the branches of government to prevent the passage of the bill, which is contrary to international standards.  

The State’s position today is incompatible with the American Convention on Human Rights and the OAS Democratic Charter. We request that the IACHR: establish a group of independent experts (GIEI) to analyze the serious setbacks in the fight against impunity in Peru; adopt the measures needed to present a report on the situation in Peru to the Permanent Council of the Organization of American States; and continue to closely monitor the situation.  

The situation in Peru is critical and requires increased efforts to avoid further democratic backsliding, as currently experienced by many countries in the region, such as Guatemala. It is imperative that the IACHR and the OAS act immediately and decisively using all available mechanisms in order to combat impunity and prevent institutional capture in Peru. It is our collective responsibility to fight for democracy, the rule of law, justice, truth and reparations.   

Access the recording of the hearing here.