- EURASIAREVIEW.COM - A la une - 08/Jul 22:37

Peru: Congress Undermines Fight Against Organized Crime, HRW Says

Peru’s Congress is undermining the independence and capacity of judges and prosecutors to fight organized crime, Human Rights Watch said in a report released Tuesday. The 43-page report, “Congress in Cahoots: How Peru’s Legislature is Allowing Organized Crime to Thrive,” details how recent legislative actions and decisions by Congress have undermined efforts to investigate and prosecute criminal networks, eroded the autonomy of key public institutions, and rolled back environmental protections. President Dina Boluarte’s administration has often enabled this agenda, while relying heavily on declaring “states of emergency” – which suspend constitutional rights – as its primary crime-fighting tool. “Congress’ assault on the rule of law has left millions of Peruvians more exposed to the threats of organized crime,” said Juanita Goebertus, Americas director at Human Rights Watch. “Congress and the Boluarte administration should urgently reverse course and take effective steps to protect the rights of all Peruvians.” Between September 2023 and December 2024, Human Rights Watch interviewed 125 prosecutors, judges, police officers, environmental defenders, Indigenous leaders, journalists, and government officials. Researchers visited Lima, Puerto Maldonado, Pucallpa, and Trujillo, and reviewed 34 laws, bills, and legislative decisions passed by Congress and 54 presidential decrees issued since 2023. Peru’s security situation has worsened in recent years. The annual number of homicides rose by almost 137 percent between 2018 and 2024, according to police data, and preliminary figures for 2025 suggest another record year. Over half of the 2024 homicides were committed by contract killers, according to the police. Extortion complaints – particularly affecting urban areas and cargo transport – peaked in 2023, remained high in 2024, and may hit a new record in 2025. Congress, more than half of whose lawmakers are facing investigations for corruption or other crimes, has taken steps to undermine the independence and capacity of courts and prosecutors. It has sharply limited prosecutors’ ability to obtain evidence and investigative leads from defendants willing to cooperate, a significant blow to efforts to dismantle criminal groups and detect connections to corrupt officials. It has modified the definition of “organized crime” in the criminal code to exclude many corruption offenses, while putting obstacles in the way of investigative searches. Moreover, lawmakers have arbitrarily removed high-level judges and prosecutors, often in ways that blocked investigations into corruption. “An effective and rights-respecting security policy for Peru requires strengthening, not weakening, the tools forensic experts, prosecutors, and judges need to seek justice for victims of organized crime,” Goebertus said. Congress has also passed laws that undermine environmental protections, including by retroactively legalizing the illegal deforestation of large areas and effectively shielding illegal miners from prosecution. Illegal mining, mostly gold and on a small scale, has surged in recent years, and is the largest offense leading to money laundering, according to government data. While small-scale mining can be an important source of income for the poor, it also carries significant environmental, health, and labor rights risks when not subject to robust regulation and oversight. Nearly half of all attacks on environmental defenders and Indigenous leaders from 2020 to 2023 were linked to illegal mining, the Ombudsperson’s Office reported. “The number of hectares affected by illegal mining continues to rise year after year, with no reaction from the state, bringing related crimes such as trafficking, rape, and homicide to these areas,” a high-rank prosecutor in the Peruvian Amazon told Human Rights Watch. President Boluarte has increasingly relied on states of emergency to address crime, suspending constitutional rights in affected areas. However, these measures have not led to a reduction in violence. Recent legislative actions have also threatened to severely restrict the work of independent journalists and civil society organizations in Peru. In March 2025, Congress passed a bill that significantly expands the government’s authority over journalists and nongovernmental organizations that receive foreign funding. Peru is currently seeking membership in the Organisation for Economic Co-operation and Development (OECD), a group of mostly high-income countries that promotes policies to improve the economic and social well-being of people around the world. More than a dozen OECD committees are reviewing Peru’s compliance with standards on public governance, environmental policy, and the rule of law. “The OECD should secure commitments from Peruvian authorities to remove obstacles in the fight against organized crime, environmental destruction, and corruption, and to guarantee separation of powers,” Goebertus said.