The transition towards democracy has been a difficult process but, despite the difficulties, there have been some efforts to improve the judiciary as well as human rights protection.
The Final Report of the Truth and Reconciliation Commission shocked Peruvians, forcing them to reflect on the responsibility of society as a whole for the two decades of violence. The establishment of special commissions and working groups to reform the justice system is a step in the right direction but will only be successful if their recommendations are properly enforced.
The new Code of Criminal Procedure is an attempt to modernize the system but difficulties in implementing it will almost certainly mean that its entry into force will be delayed. The adoption of a Constitutional Procedural Code, the enactment of new anti-terrorism legislation, reform of the military justice system and the active role being played by the Constitutional Court are all positive developments in seeking to consolidate the rule of law.
However, the failure to amend the 1993 Constitution and the lack of governance on the part of President Toledo have adversely affected the adoption of the radical reforms the country needs.
Peru-Attacks on Justice 2005-Publications-2008 (full text, PDF)Attacks on Justice 2005Publications