Extrajudicial Killings and the Need for Governmental Reform in Peru By: Edward Mosella
In December 2022, political instability in Peru intensified when President Pedro Castillo attempted a failed coup by closing Congress, assuming control over the judiciary, and ruling by decree.[1] Consequently, Congress removed him, and Vice President Dina Boluarte assumed the presidency.[2] This led to widespread protests demanding early elections.[3] The response from security forces was overly harsh, resulting in the deaths of 50 protestors and bystanders and injuries to over 1,300 people, including many police officers, between December 2022 and March 2023.[4] The initial investigations into these incidents have been the subject of serous criticism, and the Boluarte administration has not made sufficient efforts to reform law enforcement to prevent such abuses in the future.[5]
The protests mainly involved rural workers and indigenous people from the south.[6] Although most demonstrations were peaceful, there were severe incidents of violence.[7] Roadblocks set up by protestors lead to the deaths of 11 people in one location, including two children, who either could not access medical care or were involved in fatal car accidents.[8]
The military and police responded to protests with excessive and brutal force, using assault rifles and handguns against unarmed protestors and bystanders.[9] Government officials labeled the protestors as “terrorists” and ignored or denied the abuses, failing to act to prevent them.[10]
The lack of proper investigation into these killings begs the question, does Boluarte bear criminal responsibility?
Despite denying direct involvement and downplaying her role, Boluarte frequently met with military and police leaders in Peru.[11] Instead of condemning the excessive use of force, she continued to support security forces and label protesters as “terrorists,” while promoting officials responsible for the deadly operations.[12] To this day, no disciplinary action has been taken against the officers involved in the killings.[13] These deadly operations violate both Peruvian and international laws on crowd control.[14] Although evidence of excessive force was clear, Boluarte still publicly defends the security operations.[15]
Criminal investigations have been underway, but experts criticize them as superficial, with key officials, including Boluarte, not being thoroughly investigated.[16] This is incredibly concerning as many of the victims come from marginalized Indigenous and campesino communities.[17]
On June 25, 2024, the International Federation for Human Rights (FIDH) and its Peruvian member organization, Asociación Pro Derechos Humanos (APRODEH), requested that the International Criminal Court (ICC) open an investigation into the murders and the injuries during the protests.[18] Their report, submitted under Article 15 of the Rome Statute, highlights the disproportionate and indiscriminate violence used by the military and police against mainly young indigenous men.[19]
The report details the systemic violence inflicted on protestors, which persisted for two months despite the high number of casualties.[20] FIDH and APRODEH argue that these acts amount to crimes against humanity as defined by the Rome Statute.[21] They accuse the Boluarte government of organizing and approving these violent measures, which were justified through emergency decrees and operational plans, while high-level officials, including Boluarte, denied responsibility and blamed the protestors.[22]
The APRODEH describes the thorough investigation into the victims’ profiles, causes of death, and injury patterns, highlighting that the government killed many peaceful protestors.[23] The FIDH condemned the racial bias in the violence, which disproportionately affected Indigenous communities, and criticized the government’s baseless terrorism accusations against the protestors.[24]
The report also addresses Peru’s broader democratic crisis, noting the erosion of democratic institutions and rule of law since 2021.[25] It points to a conservative and autocratic part in Congress that has undermined public bodies and manipulated legal and judicial systems, including efforts to release former President Alberto Fujimori and advance a law limiting the prosecution of crimes against humanity.[26] Public trust in Peru’s government has significantly declined, with recent polls showing unprecedented disapproval ratings for both Congress and the presidency.[27]
The Prime Minister of Peru has stated that the Boluarte administration plans to send a "high-level" delegation to the ICC to contest charges of crimes against humanity.[28] The government hopes the ICC will deem the case inadmissible, arguing that the events in question do not constitute crimes against humanity.[29]
Regardless of the case’s outcome, the international spotlight on human rights violations is expected to further criticize Boluarte and her administration’s record.[30] If the charges are upheld, it will mark the first time a Peruvian president faces such allegations at the ICC, reinforcing concerns about Peru's human rights record.[31]
Concurrently, members of Congress from the pro-Fujimori Fuerza Popular party, which supports Boluarte, are pushing for legislation that would grant amnesty to those responsible for human rights abuses during the conflict with Sendero Luminoso (1980-2000), including Fujimori and his ministers.[32] The Truth and Reconciliation Commission’s 2003 report estimated nearly 70,000 deaths from the conflict.[33] This proposed amnesty law has faced harsh criticism from the Inter-American Commission on Human Rights (IACHR), which argues that Peru’s ratification of the Rome Statute in 2002 means crimes committed before that date should not be covered by it.[34]
Additionally, the recent election of Alberto Borea as a new judge at the Inter-American Court suggests a potential rightward shift in its stance.[35] Borea, who was elected with 16 votes and is Boluarte’s nominee, previously supported a firm human rights policy under then Prime Minister Alberto Otárola.[36] His appointment has been met with strong opposition from Peru’s Coordinadora Nacional de Derechos Humanos.[37] The other newly elected judge is from Paraguay.[38]
Whether Boluarte goes down for these crimes against humanity, the political instability of Peru and an outsider’s perspective on what is going on under her administration is what will have a lasting effect on her and the country. It should be necessary for the ICC to find her and her administration guilty, as precedent is necessary for Peru, who has a history of human rights issues. Therefore, this developing situation and the ICC case are worth following.
[1] Human Rights Watch, Peru: Events of 2023, Hum. Rts. Watch (2024), https://www.hrw.org/world-report/2024/country-chapters/peru.
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Id.
[8] Id.
[9] Id.
[10] Id.
[11] Amnesty International, Peru: Killings and injuries in protests could implicate president and chain of command as criminally responsible, Amnesty Int’l (July 18, 2024), https://www.amnesty.org/en/latest/news/2024/07/peru-killings-injuries-protests-president-chain-command-criminally-responsible/.
[12] Id.
[13] Id.
[14] Id.
[15] Id.
[16] Id.
[17] Id.
[18] International Federation for Human Rights, Peru in the spotlight for crimes against humanity: Boluarte’s government responsible for murders, Int’l Fed’n for Hum. Rts. (June 25, 2024), https://www.fidh.org/en/issues/international-justice/international-criminal-court-icc/peru-in-the-spotlight-for-crimes-against-humanity-boluarte-s.
[19] Id.
[20] Id.
[21] Id.
[22] Id.
[23] Id.
[24] Id.
[25] Id.
[26] Id.
[27] Id.
[28] Peru Support Group, Government seeks to combat claim about Boluarte’s human rights record, Peru Support Grp. (June 29, 2024), https://perusupportgroup.org.uk/2024/06/government-seeks-to-combat-claim-about-boluartes-human-rights-record/.
[29] Id.
[30] Id.
[31] Id.
[32] Id.
[33] Id.
[34] Id.
[35] Id.
[36] Id.
[37] Id.
[38] Id.