President of Peru is accused of crimes against humanity at the ICC

Two human rights groups filed a complaint with the International Criminal Court accusing the president of Peru, Dina Boluarte, and members of her government of crimes against humanity related to the deaths of 49 people during protests recorded in the Andean country between 2022 and 2023.

The International Federation for Human Rights (FIDH) and the Peruvian Association for Human Rights (APRODEH) presented on Tuesday (25) a communication to the ICC, asking it to open a preliminary examination against Boluarte and members of his government regarding to the allegations.

According to the ICC, filing a communication is the first step in establishing whether, based on the information available, it appears that crimes have been committed within its jurisdiction. Thus, the court can proceed to open a full preliminary examination.

Lawyers Jimena Reyes, director of FIDH’s Americas office, and Gloria Cano, director of APRODEH, met on Tuesday with members of the Public Prosecutor’s Office and presented documentation alleging crimes against humanity that occurred between December 7, 2022 and February 9, 2023, a statement released by FIDH said.

“The people implicated in the commission of the crimes of homicide and attempted homicide were state authorities, including members of the Peruvian Army and the Peruvian National Police, who acted in accordance with a state policy planned, or at least approved by omission, by the highest national authorities of Peru”, concludes a report issued by FIDH and Aprodeh.

The victims “were part of a civilian population of protesters or people perceived as such, mainly young and poor men from the country’s indigenous areas,” the report added.

A CNN has reached out to the Peruvian government and the lawyer representing Boluarte for comment. President Boluarte has denied any personal responsibility since the protests began, while former Prime Minister Alberto Otarola said the government defended “the right of Peruvians to peace and calm.”

In addition to the victims, there were also hundreds of injuries “as a result of the indiscriminate use of lethal force by the military and police in charge of patrolling the demonstrations after the declaration of the state of emergency,” said Cano. CNN .

“The majority were killed while exercising their legitimate right to protest,” Cano said.

Victim profiles submitted to the ICC include 32-year-old Leonardo Hancco and 18-year-old Beckhan Quispe, whose cases were previously reported by CNN .

Allegations of ‘extrajudicial executions’

The weeks-long protests in the Andean country were triggered by the impeachment and arrest of former president Pedro Castillo in December 2022, fueled by deep dissatisfaction with living conditions and inequality in the country. Although protests took place across the country, the worst violence occurred in the rural and indigenous south.

A May 2023 Amnesty International report concluded that Peruvian security forces carried out widespread attacks against protesters, including young men and children.

The report alleges that security forces participated in “extrajudicial executions” and the “widespread use of lethal munitions” as they tried to contain the protests. Forty-nine civilians were killed and Amnesty International says several of those killed were bystanders.

“In none of the cases was evidence found that the deceased person posed a risk to the life or integrity of employees,” states the Amnesty International report.

The Peruvian Public Prosecutor’s Office opened a preliminary investigation in January 2023 against Boluarte, Otarola and other ministers at the time for alleged genocide, homicide and serious injuries committed during the protests. Boluarte testified in a closed-door meeting last year, the CNN in Spanish . This investigation remains open.

Peru’s defense and interior ministries were also contacted for comment. Both ministries said to CNN in February 2023 that they could not comment until an ongoing investigation by the Public Prosecutor’s Office was completed.

Peruvian authorities stated that the country’s security forces acted in self-defense.

Last year, Boluarte said that she and her ministers do not decide protocols for the Armed Forces or the Police.

“They have their own laws and protocols. Who do they obey? Your commanders. We have no power over them. I may be Supreme Chief of the Armed Forces, but I have no command (over them) and the protocols are decided by them,” he said.

Yovana Mendoza, president of the victims’ association in Ayacucho and who lost her 34-year-old brother Jhon Mendoza, told CNN that this request to the ICC is a request for help from families in Peru. She says they have been forgotten and ignored by local authorities.

“Here we don’t trust the government as they only introduce laws to protect themselves,” she said.

Ruth Barcena said to CNN who hopes for justice with this request after the death of her husband Leonardo Hancco.