On 13 August, a law entered into force through which amnesty will be granted to members of the security agencies on trial for human rights violations committed in the context of the internal armed conflict (1980-2000). The amnesty applies to members of the armed forces, national police, self-defense committees and to public officials under investigation without a final conviction. It also applies to those convicted over the age of 70 years on ‘humanitarian’ grounds. CSOs estimate that up to 600 people on trial and over a hundred who have been sentenced could benefit from the amnesty. Proponents of the bill have argued that those who defended the country from terrorism should not be subjected to decades-long investigation and trials. Human rights experts have condemned the bill, as amnesty for gross human rights violations is contrary to international law and standards and denies victims and their families access to justice and truth.

Sources: Diario El Peruano, OHCHR (1), OHCHR (2), El Comercio, CEJIL, El Pais, BBC

On 19 August, the Constitutional Tribunal ruled that investigations into President Dina Boluarte should be suspended until the end of her tenure in 2026. The Tribunal reasoned that inquiries into cases not considered in Article 117 of the Constitution, which establishes the cases in which members of the executive can be accused during their tenure (such as treason, preventing elections, or dissolving Congress) should be limited to taking a statement, information requests and presentation of supporting documentation. The Tribunal, however, reiterated that the process can continue after the end of her tenure. Critics argue that the ruling undermines accountability and anti-corruption efforts.

Sources: La Republica, El Comercio, Infobae, El Pais

On 12 June, Congress passed an amendment to the Constitution that would reintroduce parliamentary immunity for common offenses, which had been removed in 2021 in an attempt to eliminate impunity and enhance anticorruption efforts. The amendment grants lawmakers immunity from criminal prosecution or arrest unless Congress authorizes such actions. Immunity would, however, not cover parliamentarians who were caught in the act of committing a crime, or immediately thereafter. Proponents of the change argue that most countries in the region have parliamentary immunity and that its purpose is to shield lawmakers from improper political or judicial pressure. Critics consider that it will enable impunity. The amendment must be ratified by the next legislature, which will be elected during the April 2026 general election.

Sources: Congreso de la Republica, La Republica, Expreso

Former President Ollanta Humala (2011-2016) was convicted by a three-judge body of the National Superior Court (Tercer Juzgado Colegiado de la Corte Superior Nacional) to 15 years imprisonment for asset laundering. After a trial of over three years, the judges concluded that Humala’s presidential campaigns in 2006 and 2011 received illegal financing from Venezuela’s government under Hugo Chavez and from Brazilian engineering company, Odebrecht, which has been implicated in other bribery cases. Humala’s wife and co-founder of the Nationalist Party, Nadine Heredia, was also convicted and sentenced to 15 years imprisonment for her role in the illicit financing of Humala’s campaigns; she sought and was granted political asylum from Brazil upon her conviction. The judges determined that in 2011 alone, Humala’s Nationalist Party received around USD 3 million in illegal contributions through means such as cash payments and false contracts. Humala has stated he will appeal.

 Sources: La Republica, France 24, BBC, El Pais 

On 15 April, President Dina Boluarte promulgated amendments to the bill that established the Peruvian International Cooperation Agency (APCI), passed by Congress the previous month. The amendments provide that civil society organizations (CSOs) must register and receive approval from the APCI to engage in international cooperation. Other provisions include sanctions for activities that are detrimental to public order or national security in the form of admonition, fines, suspension or cancellation of registry. They further classify financing of lawsuits against the government as an aggravating circumstance (meaning that CSOs could be sanctioned for legally challenging policies with which they disagree). The amendments, which proponents of the bill and the President characterized as vital to ensuring accountability in how CSOs use funds received from international cooperation, will tighten government scrutiny over CSOs. Rights organizations have denounced the bill as an attempt to stifle criticism of the government or legal action against the state, including judicial complaints over human rights abuses. 

Sources: Diario El Peruano, TV Peru, OHCHR, Amnesty International, International IDEA

On 12 March, Congress approved amendments to the bill that established the Peruvian International Cooperation Agency. The amendments will strengthen government control and scrutiny over the work of civil society organizations that receive international funding. Controversially, the amendments establish sanctions for NGOs for activities that could be detrimental to public order or national security. The vagueness of the provisions would allow for their discretional application, prompting concern among human rights practitioners. The amendments would classify the financing by an NGO of legal action against the government as an aggravating circumstance, meaning that organizations could be sanctioned for legally challenging government policies with which they disagree. Analysts assert that they restrict civic space and serve as a hurdle to access to justice for victims of human rights violations. Proponents of the bill allege that the amendments will strengthen transparency and accountability in the work of NGOs. President Dina Boluarte is expected to either make observations or sanction the amendments. 

 Sources: Congreso de la Republica, Wola, Infobae, Amnesty International