UN Experts Condemn Peru Court Ruling Releasing Convicted Officer, Warn of Setback for Justice

United Nations human rights experts have raised serious concerns over a controversial ruling by Peru's Constitutional Court that led to the release of a former military officer convicted in the 1988 murder of journalist Hugo Bustíos, warning that the decision undermines accountability for grave human rights violations.

The ruling, issued on 6 February 2026, overturned the conviction of former brigadier general Daniel Urresti Elera, who had been found guilty of murder with aggravating circumstances in the context of crimes against humanity. The conviction had previously been upheld by Peru's Supreme Court in 2024. Urresti was released on 3 March 2026.

"Impedes Access to Justice"

UN experts stated that the court's decision represents a significant setback for victims' rights and justice.

"The overturning of the conviction… impedes access to justice and accountability for serious human rights violations, in contravention of Peru's international obligations," the experts said.

The case has long been viewed as emblematic of efforts to hold perpetrators accountable for abuses committed during Peru's internal conflict.

Dispute Over Statute of Limitations

The Constitutional Court justified its ruling by arguing that the statute of limitations under domestic law had expired for the crime.

However, UN experts strongly rejected this reasoning, emphasizing that international law prohibits statutes of limitations for crimes against humanity and serious human rights violations.

"Peru cannot apply domestic statutes of limitations… when these acts were committed in a context of crimes against humanity," the experts said.

They stressed that the non-applicability of such limitations is a peremptory norm (jus cogens)—a binding principle of international law that cannot be overridden by national legislation.

Challenge to Court's Interpretation of International Law

The court also argued that the crime could not be classified as a crime against humanity because it occurred before Peru ratified the Rome Statute of the International Criminal Court.

UN experts dismissed this interpretation, noting that the obligation to prosecute crimes against humanity predates the Rome Statute.

They pointed to the 1968 Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity, affirming that such obligations have long been recognized as universally binding.

"We reject as invalid the argument that limits its application to the dates of ratification," the experts stated.

Concerns Over Judicial Independence

The experts also expressed alarm over alleged pressure on judicial authorities to apply statutes of limitations to crimes committed before 2002.

They called on Peruvian authorities to protect the independence of judges and prosecutors, particularly in cases involving serious human rights violations.

"We call on authorities to refrain from any action that undermines judicial independence," they said, emphasizing the need to uphold international human rights standards.

Broader Implications for Accountability

The decision raises wider concerns about the erosion of accountability mechanisms in cases involving historical human rights abuses.

Legal experts warn that such rulings could set a precedent, potentially affecting other cases linked to Peru's period of internal conflict and weakening efforts to deliver justice for victims.

Ongoing Engagement

UN experts confirmed they are in direct contact with Peruvian authorities, signaling continued international scrutiny of the case and its implications.

A Critical Test for Rule of Law

The controversy highlights the tension between domestic legal interpretations and binding international human rights obligations, placing Peru's justice system under renewed global attention.

As calls grow for reconsideration and adherence to international norms, the case is likely to remain a critical test of Peru's commitment to accountability, rule of law, and victims' rights.