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The Inter-American Court of Human Rights issues a ruling on legal representation, and the Amazonas Court excludes lawyers for defendants in the Baguazo case

Event Summary

The Inter-American Court of Human Rights (IACHR) issued two resolutions requesting the Peruvian State to ensure that victims of human rights violations can continue to be represented by the organizations that have supported them, without incurring consequences under Law No. 32301 on the Peruvian Agency for International Cooperation. The law penalises the “improper use” of resources and donations intended to “advise, support, or fund” administrative, judicial, or other actions – whether within Peru or abroad – against the Peruvian State. According to the Court, this legislation, along with its possible regulations, may constitute an indirect way of limiting the exercise of the right to legal representation. The resolution of July 2, 2025, indicates that the mere possibility of a sanction may violate Article 53 of the Court’s Rules of Procedure and the victims’ right to choose their defense freely. In May 2025, the Court had also expressed concerns as an obstacle to the functioning of human rights defender organisations, and that it would affect freedom of association and expression.

Subsequently, on July 21, a hearing was held before the Inter-American Commission on Human Rights (IACHR), attended by civil society organizations and representatives of the State. During the hearing, the State affirmed that there are no restrictions on continuing to represent victims, provided that international cooperation funds, which constitute a primary source of funding for many of these organizations, are not used.

At the national level, impacts linked to this legislation have been recorded. The Superior Court of Justice of Amazonas (Amazonas) dismissed three lawyers representing Indigenous leaders prosecuted in the case known as “Baguazo,” applying the amendment of the Creation of the Peruvian Agency for International Cooperation Law (APCI). The lawyers requested to continue their defense to avoid leaving the defendants without representation, but the court decided to remove them from the proceedings and give the defendants three days to appoint new legal counsel.

The impact of Law No. 32301 on the enabling environment continues to send a chilling effect on civil society in Peru, and further developments need to be monitored.

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