The right to access to justice of victims of violations of human rights in Peru: the Inter-American Court of Human Rights with regard to Alberto Fujimori’s pardon

Abstract

This article aims to address the lack of protection of the right to access to justice for victims of the period of violence 1980-‍2000 in Peru, during which both terrorist groups and State agents perpetrated serious violations of human rights. After describing the patterns of victimization of forced disappearances and extrajudicial executions committed, this article will focus on the countless attempts to obtain impunity by those responsible for Barrios Altos and La Cantuta massacres, for which former president Alberto Fujimori was previously convicted, then pardoned and, finally, such pardon was revoked, through a conventionality control procedure. In conclusion, how conventionality control procedure, promoted by the Inter-American Court of Human Rights, is favouring the consolidation of a ius constitutionale commune, setting standards for the protection of the rights of victims of violence, which interested Latin America, will be highlighted.