UN experts warn Peruvian Constitutional Court: crimes against humanity do not expire
A group of UN experts rejected the release of retired general Daniel Urresti, condemned for the murder of journalist Hugo Bustíos in 1988.
Release of retired Peruvian military officer triggers alert from UN experts
A group of independent experts from the United Nations expressed their grave concern at the decision by Peru's Constitutional Court to order the release from prison of retired brigadier general Daniel Urresti Elera, according to news.un.org. Urresti had been convicted in 2023 for the murder of journalist Hugo Bustíos, which occurred in 1988 in the context of crimes against humanity.
The conviction was confirmed by Peru's Supreme Court of Justice in 2024, under the aggravating circumstance of treachery. However, on 6 February 2026, the Constitutional Court annulled that sentence. Urresti's release became effective on 3 March 2026.
The Court's argument and the experts' response
The Constitutional Court based its ruling on two points: that the domestic deadlines applicable to the case would have expired, and that the crime could not be classified as a crime against humanity because the acts occurred before Peru ratified the Rome Statute.
The experts categorically rejected both arguments. "The non-applicability of statutes of limitations to crimes against humanity is a peremptory norm of international law. This means that no State can contradict it by arguing the application of its domestic law," they stated in their statement.
They added that the Rome Statute does not create or codify the obligation to punish these crimes, but rather that such obligation was established as far back as 1968, with the adoption of the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity. "At least from that time it has constituted ius cogens, a peremptory and non-derogable norm for all States," they specified.
On this basis, the experts dismissed as invalid the argument that limits the application of this norm to the date when Peru ratified the Statute or the Convention.
Pressure on the justice system
The experts also expressed grave concern about alleged pressure on justice officials to apply statutes of limitations to crimes against humanity committed before 2002.
"The revocation of the conviction and sentence imposed against the retired military official impedes access to justice and accountability for serious human rights violations, in breach of Peru's international obligations," they stated.
In light of this, they called on Peruvian authorities to refrain from any action that compromises the independence of judges and prosecutors, in particular with respect to compliance with the international obligations in the field of human rights that the country has undertaken.
The experts who signed the statement are special rapporteurs and members of working groups appointed by the United Nations Human Rights Council. They act in their individual capacity, on a voluntary basis, and are independent of any government or organisation.
Source: Google News PE — Crime