A chamber of the National Specialized Criminal Court convicted Alberto Rivero Valdeavellano, who in 1984 acted as chief of military command in Huanta, of crimes tantamount to crimes against humanity, committed in the context of Peru’s internal armed conflict (1980-2000). The chamber determined his responsibility as direct perpetrator of the enforced disappearance of journalist Jaime Ayala and 45 other people, including peasants from the Culluchaca community. He was also found responsible as indirect perpetrator of the murder of 17 people. Rivero was sentenced to 18 years imprisonment. The resolution regarding Augusto Gabilondo García del Barco, another former official charged in the same case is pending, as he is a fugitive. In an exercise of constitutional control, in García del Barco’s case, the chamber disapplied recently enacted legislation that introduced a statute of limitations on crimes against humanity, considering it is contrary to the constitution and Peru’s international obligations, upholding the charges against him. The judgment has been appealed.

Sources:  Estado Peruano, La República , APRODEH, Infobae, LatAm Journalism Review, El País,  International IDEA

Congress has passed a bill, through which a statute of limitations will be set to crimes against humanity and war crimes committed before 1 July 2002 (date in which the Rome Statute of the International Criminal Court entered into force). Lawmakers pushed the piece of legislation through despite provisional measures by the Inter-American Court of Human Rights ordering the Peruvian state to halt it. A group of UN Special Rapporteurs and the Committee on Enforced Disappearances had also cautioned that establishing a statute of limitations to such atrocity crimes constitutes a transgression to a peremptory norm of international law. Human rights experts have further highlighted that the bill severely undermines access to justice efforts for victims of the internal armed conflict that took place in the country between 1980 and 2000.

Sources: Radio Nacional Peru, Centro para la Justicia y el Derecho Internacional, BBC, El País (1), El País (2), OHCHR

The Health Ministry published a decree in which it introduced changes to policy on health insurance coverage. The decree classifies transgender identity and other expressions of gender and sexual diversity as ‘mental health problems’ that are to be covered by private and public insurance. Protests and widespread criticism of the classification led to the Ministry issuing a statement that the decree’s classification was necessary to ensure access to mental health services for members of the LGBTQIA+ community, especially for those with private health insurance. Officials have contended that this modification will facilitate billing services to private insurers. Activists and other experts criticize the classification for relying on World Health Organization terminology that is no longer in use. They further argue it could potentially enable harmful practices such as conversion therapy, on account of its stigmatizing and discriminatory terms and given the national context where many rights are not recognized, and violence against LGBTQIA+ people is common. 

Update: Through a subsequent regulation, the Ministry of Health added new codes in June and removed the classification of these expressions of gender identity as mental health problems.

Sources: Infobae, CNN, El Pais, Diario Oficial El Peruano, New York Times, MINSA

Congress suspended two members (Ines Tello and Aldo Vasquez) of the National Board of Justice (Junta Nacional de Justicia, JNJ), in a process criticized by experts and human rights organizations as undermining judicial independence. Some analysts also consider this an attempt by Congress to influence the appointment of judges and heads of electoral authorities, given the JNJ’s authority on the subject. Tello and Vasquez were also determined to be ineligible to hold public office, after being accused of contravening a constitutional provision on the age limit of the Board’s members. The decision to remove the two members was approved by the minimum required votes. At least one lawmaker voted in contravention of rules that prevent members of the Permanent Commission from taking part in the decision, sparking further criticism. Days later, Lima’s Supreme Constitutional Chamber reinstated the JNJ members pending the appeal process. Congress rejected the Chamber’s decision and has announced new accusations against the JNJ.  

Sources: La Republica (1), Human Rights Watch, La Republica (2), Deutsche Welle, El Pais,  International IDEA 

A constitutional reform amendment, that transforms the legislature into a bicameral body, starting in 2026, was promulgated on 20 March after being passed by Congress. Once the next Congress is elected, a Senate comprised of 60 elected representatives (serving five-year terms) will be reinstated. In 1993, Congress became a one chamber legislature during Fujimorismo. The reform also includes provisions that will reinstate the ability of legislators to run for re-election. Critics argue that the measure directly contravenes the results of a 2018 referendum, in which both bicameralism and reelection of legislators was rejected by a wide margin. However, proponents of the amendment have highlighted that the 2018 referendum considered a different form of bicameralism that would have undermined the balance of powers. Those who support the reform argue that the Senate will contribute to a better functioning of Congress by overseeing inquiries initiated by the Chamber of Deputies and ensure a speedier and more efficient lawmaking process. Supporters of reelection say it enables the professionalization of politics.  

Sources: Congress of Peru, Infobae, France 24