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UN human rights experts on Wednesday expressed concern over the Peruvian Constitutional Court’s decision ordering the release of former military officer Daniel Urresti Elera, previously convicted of the 1988 murder of journalist Hugo Bustíos in the context of crimes against humanity.
The experts stated that applying domestic limitation periods to crimes against humanity violates Peru’s international obligations. They emphasized that such crimes are not subject to statutes of limitations under customary international law and constitute jus cogens norms binding on all states, as reflected in instruments such as the 1968 Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity.
They further raised concerns about alleged pressure on judicial authorities, urging Peru to safeguard judicial independence and uphold accountability for serious human rights violations.
Bustíos was killed in 1988 during an ambush by a military patrol in Ayacucho while investigating violence linked to Peru’s internal armed conflict. Urresti’s conviction, issued in 2023 and upheld in 2024, was overturned in February 2026 on statute of limitations grounds.
In its judgment, the Constitutional Court held that Urresti’s conviction violated the principle of criminal legality, finding that the prosecution was time-barred under applicable domestic statutes of limitations. The court further determined that the murder of Bustíos could not be classified as a crime against humanity, reasoning that such classification lacked a sufficient legal basis at the time of the events. On this basis, the court granted the habeas corpus petition, annulled the prior criminal judgment, and ordered Urresti’s immediate release.
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The experts stated that applying domestic limitation periods to crimes against humanity violates Peru’s international obligations. They emphasized that such crimes are not subject to statutes of limitations under customary international law and constitute jus cogens norms binding on all states, as reflected in instruments such as the 1968 Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity.
They further raised concerns about alleged pressure on judicial authorities, urging Peru to safeguard judicial independence and uphold accountability for serious human rights violations.
Bustíos was killed in 1988 during an ambush by a military patrol in Ayacucho while investigating violence linked to Peru’s internal armed conflict. Urresti’s conviction, issued in 2023 and upheld in 2024, was overturned in February 2026 on statute of limitations grounds.
In its judgment, the Constitutional Court held that Urresti’s conviction violated the principle of criminal legality, finding that the prosecution was time-barred under applicable domestic statutes of limitations. The court further determined that the murder of Bustíos could not be classified as a crime against humanity, reasoning that such classification lacked a sufficient legal basis at the time of the events. On this basis, the court granted the habeas corpus petition, annulled the prior criminal judgment, and ordered Urresti’s immediate release.
The post Peru court ruling sparks UN concern over impunity in crimes against humanity case appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.