Practice Relating to Rule 161. International Cooperation in Criminal Proceedings
Section D. Political offence exception to extradition
Under Peru’s Constitution (1979), political offences are not extraditable offences. Acts of terrorism, murder of high-ranking officials (magnicidio
) and acts of genocide are not to be considered as political offences.
Peru’s New Code of Criminal Procedure (2004) states
2. An extradition shall not take place if:
e) The crime is exclusively military in nature, … political or related to politics, the press or [public] opinion. The fact that the victim of the offence exercised a public function does not in itself justify regarding the offence as political. The fact that the person to be extradited used to hold public office does not necessarily politicize the offence either. The following shall not be considered political crimes: terrorism, crimes against humanity, and offences for which Peru is obliged by an international treaty to prosecute or extradite.