Complete database of events related to the internal armed conflict in Peru, extracted from the Final Report of the Truth and Reconciliation Commission (CVR). 5,159 events documented from 1817 to 2003.
On January 4, 2003, the Constitutional Court published its ruling declaring the unconstitutionality of various articles of the Decree Laws that made up the anti-terrorist regulatory framework enacted since May 1992. This ruling constituted the breaking point with respect to legislation that did not correspond to or conform to the …
The Constitutional Tribunal of Peru issued a ruling declaring unconstitutional various articles of Decree Laws No. 25475, 25659, 25708, 25880 and 25744, related to anti-terrorist legislation. This ruling questioned fundamental aspects of the emergency legislation enacted after the 1992 coup d'état, including the violation of the principle of legality, the …
In 2002, in response to the rulings of the Inter-American Court of Human Rights on due process violations in Peru, the Constitutional Court declared null and void a large part of the so-called anti-terrorist legislation enacted by the government of former President Alberto Fujimori. As a result, the Peruvian State …
On May 14, 2001, in compliance with the order of the Inter-American Court, the Supreme Council of Military Justice referred the investigations to the Ad-Hoc Provincial Criminal Prosecutor's Office for Terrorism Cases. The prosecutor's office filed criminal charges against Jaime Francisco Castillo Petruzzi, Lautaro Enrique Mellado Saavedra, Alejandro Luis Astorga …
The Inter-American Court of Human Rights issued a judgment in the Cantoral Benavides Case on August 18, 2000. In this judgment, the Court established that the criminal offense of treason violates the principle of legality, considered the cornerstone of the rule of law and a structural principle of criminal law. …
On May 30, 1999, the Inter-American Court of Human Rights issued a decision on the complaint filed by Chilean citizens who were members of the MRTA. The Court established that their right to due process had been violated in the proceedings against them in Peru, and ordered a new trial …
The United Nations Working Group on Arbitrary Detention issued a report on its mission to Peru, evaluating the situation of detentions and anti-terrorist legislation. The report noted that the crime of treason as a crime in law has nothing to do with terrorism, calling it an obvious abuse of language …
Between 1996 and 1999, the Peruvian State had to pardon 502 people unjustly convicted of terrorism and treason. This was a consequence of the serious errors committed by the system implemented to prosecute the accused, which violated elementary principles of due process. The magnitude of these errors demonstrated the structural …
Law No. 26537, enacted on October 13, 1995, established a new term for faceless tribunals in Peru. This law was framed within the anti-terrorist legislation of Alberto Fujimori's government, which had implemented these special tribunals after the 1992 coup d'état. The faceless courts were a distinctive feature of the Peruvian …
Law No. 26447, enacted on April 21, 1995, put an end to faceless courts in Peru. This law was part of the anti-terrorist legislation of Alberto Fujimori's government. The faceless tribunals had been implemented after the coup d'état of April 1992 as part of the scheme for trying crimes of …
Law 26248, published on November 26, 1993, repealed Decree Law 25728, which allowed for the conviction in absentia of those accused of terrorism and treason. This law also established the possibility for those accused of terrorism to claim parole, although it provided for an exceptional procedure that required confirmation by …
On June 18, 1993, the Special Terrorism Chamber of the Superior Court of Lima sentenced María Magdalena Monteza Benavides to twenty years imprisonment for the crime of terrorist collaboration, based on the police investigation. On March 11, 1994, the Supreme Court of Justice modified the sentence and sentenced her to …
From 1993 onwards, the counter-subversive strategy was characterized by a substantial increase in the number of detentions of alleged subversives and a decrease in the number of cases of arbitrary executions and forced disappearances, although the number of cases of violation of the due process of detainees increased notoriously. The …
Decree Law No. 25880, enacted on November 26, 1992, typified the apology made by teachers with their students as a crime of treason. This norm was part of the anti-terrorist legislation enacted after the coup d'état of April 1992. The decree was part of the policy of expanding the conducts …
On November 13, 1992, the provincial prosecutor filed a formal complaint against María Magdalena Monteza Benavides for the crime of terrorism in the form of collaboration. This act took place after Magdalena was detained, tortured and allegedly raped by members of the Army. On the same day a forensic medical …
Decree Law No. 25728, enacted on September 18, 1992, empowered the courts to convict in absentia persons accused of terrorist crimes. This law was part of the anti-terrorist legislation enacted after the coup d'état of April 1992. The decree was part of a package of emergency laws that substantially modified …
Decree Law 25728, published on September 18, 1992, established the power of the courts to convict in absentia persons accused of terrorism and treason. The norm stated that given the nature of these crimes and the serious damage they cause to the country, the courts were empowered to convict without …
Decree Law No. 25708, enacted on September 10, 1992, established the procedural rules for the crime of treason. This norm was part of the set of anti-terrorist legislation enacted after the coup d'état of April 1992. The decree was part of a legislative scheme that granted broad powers to police …
Decree Law No. 25659 of August 13, 1992 created the crime of treason, denaturalizing its traditional conception and limiting it to a legal denomination of the aggravated type of the crime of terrorism. The law established that treason is committed by those who use car bombs, explosive devices or weapons …
In August 1992, the Peruvian Executive Branch created the crime of treason through anti-terrorist legislation. This crime punished with life imprisonment the leaders or leaders of subversive groups or those who participated in or collaborated with the carrying out of attacks through the use of explosive or similar materials. This …
Decree Law No. 25475, promulgated on May 6, 1992, established the typification and penalization of the crime of terrorism, as well as the procedures for investigation, instruction and trial. This norm was part of the new anti-terrorist legislation imposed days after the coup d'état of April 1992, granting broad attributions …
On April 5, 1992, Alberto Fujimori interrupted democracy and promulgated Decree Law No. 25418 instituting the Government of Emergency and National Reconstruction. This coup d'état, known as a self-coup, marked the beginning of a period of intensified human rights violations. During the month of May, the Executive Branch drafted and …
The TRC found that the strict and uncritical application of the 1992 anti-terrorist legislation meant that the prosecution of detainees did not guarantee fair trials. Hundreds of innocent people had to suffer long sentences. The violation of due process guarantees cast a shadow of doubt over the proceedings. The discredit …
Law 25031, published on June 2, 1989, modified several articles of Law 24700, which established procedural norms for the police investigation, instruction and trial of crimes committed for terrorist purposes. This law developed a new anti-terrorist legislative scheme characterized by a rupture of the constitutional model of crime investigation by …
Law 24700 was the first legal provision establishing procedures for the preliminary investigation and prosecution of terrorist crimes. This norm established an investigation scheme adjusted to the constitutional program of the political charter of 1979, prescribing that the Provincial Prosecutor would be directly in charge of the investigation in defense …
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