Case Explained:This article breaks down the legal background, charges, and implications of Case Explained: Peru court ruling sparks UN concern over impunity in crimes against humanity case – JURIST – Legal Perspective
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, who was convicted of the 1988 murder of journalist Hugo BustÃos in the context of Peru’s internal war and 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.
BustÃos 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 last month 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 BustÃos 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.