Peru has now formalised that licence by emitting a law that, as the Dublin-based NGO Front Line Defenders (FLD) puts it, grants:
. . . members of the armed forces and the national police exemption from criminal responsibility if they cause injury or death, including through the use of guns or other weapons, while on duty. Human rights groups, both nationally and internationally, the Human Rights Ombudsman (Defensoria del Pueblo) as well as the UN High Commissioner for Human Rights all expressed deep concern about the law. In the words of the [Lima-based] Instituto Libertad y Democracia [IDL], the law equates, in practice, to a “licence to kill.”That law, no. 30151, was promulgated in January this year and is, according to the IDL’s Juan José Quispe, a modification of existing legislation passed by the previous government. The modification consists of replacing three words – “en forma reglamentaria” – with another five – “u otro medio de defensa” – which Quispe says means that any soldier or police officer can now kill or injure a civilian without needing to use his or her weapon “according to regulations”, or by using something other than his or her weapon.
“We continue considering this law as one that grants the armed forces as well as the national police a licence to kill,” Quispe told the Guardian. “It permits a high degree of impunity. During the repression of social protests, police officers and soldiers who cause injuries or deaths will now be exempt from criminal responsibility.”
Quispe says that the exemption will also apply to police or soldiers who, in the fight against narco-terrorism in particular, accidentally kill civilians.
“It’s a dangerous law and constitutes a threat to everyone,