Peru: UN experts concerned by release of former military officer convicted of murder in the context of crimes against humanity

GENEVA – UN experts* today expressed deep concern over the ruling by Peru's Constitutional Court that ordered the release of a former military officer convicted of the 1988 murder of journalist, Hugo Bustíos.

In 2023, former brigadier general Daniel Urresti Elera had been convicted of murder with aggravating circumstances in the context of crimes against humanity. His conviction was upheld by Peru's Supreme Court of Justice in 2024. However, on 6 February 2026, the Constitutional Court overturned the conviction and ordered his release, which took place on 3 March 2026.

“The overturning of the conviction and punishment imposed against the former military impedes access to justice and accountability for serious human rights violations, in contravention of Peru's international obligations,” the experts said.

In its ruling, the Constitutional Court argued that the internal statutes of limitations applicable to the murder of Bustíos had expired.

“While it is important to ensure that justice operates in accordance with the principle of criminal legality, we recall that international law strictly prohibits the statutes of limitations for crimes against humanity and serious human rights violations. Peru cannot apply the statutes of limitations applicable in domestic law to ordinary criminal offenses when these have been committed in a context of crimes against humanity and gross human rights violations,” the experts said.

“The non-applicability of statutes of limitations to crimes against humanity is a peremptory norm of international law. This means that no State may contravene it by arguing the application of its domestic law,” they added.

The court also argued that the murder could not be classified as a crime against humanity, as the events took place before Peru ratified the Rome Statute.

“The Rome Statute does not codify or create an obligation to punish crimes against humanity. That obligation was confirmed in 1968 with the adoption of the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity, and at least since then it constitutes jus cogens, that is a mandatory and non-derogable norm for all States,” the experts clarified.

“We reject as invalid the argument that limits its application to the dates of ratification by Peru of the Statute or the Convention.”

They expressed serious concern about the alleged pressure exerted on justice officials to apply the statute of limitations to crimes against humanity committed before 2002.

“We call on authorities to refrain from any action that undermines the independence of judges and prosecutors, particularly with regard to Peru’s international obligations to apply international human rights standards,” they said.

The experts have been in contact with the relevant authorities.