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Peru’s Congress Chief Files Bill To Define Crimes Against Humanity In Penal Code

Legal scholars warn the draft could shrink what courts can prosecute, risking challenges to past human-rights rulings.

Overview

  • Fernando Rospigliosi, the president of Congress, introduced Bill 14337 on Wednesday to add a crimes-against-humanity chapter to Peru’s Penal Code using Rome Statute language.
  • The draft lays out strict elements for a “generalized” or “systematic” attack on civilians and sets prison terms of 15 to 30 years for those crimes.
  • A clause disclosed Thursday would apply the new rules to cases already in progress and to convictions under review, which experts say could reopen settled verdicts.
  • Rospigliosi said Peru has had no crimes against humanity and accused some judges of illegal rulings, adding that several decisions were reported to the National Board of Justice.
  • Human-rights lawyers from IDL and APRODEH say the text would tie judges’ hands on past abuses and could function as a shield in legacy cases from the 1980s and 1990s, while the proposal now awaits committee debate in Congress.