Peru’s human rights prosecutors closed the criminal case over the forced sterilizations of thousands of women during Alberto Fujimori’s government, extinguishing charges against 52 former officials despite acknowledging that the mass surgeries amounted to crimes against humanity.
The Fourth Supra-National Criminal Prosecutor’s Office specialized in Human Rights issued Fiscal Provision No. 25 on October 22. The ruling, which runs more than six thousand pages, formally declared the case time-barred and ordered the file closed.
In its decision, the Public Ministry recognized evidence of crimes against humanity and harm suffered by more than 4,000 victims of forced sterilization. Even so, criminal liability was declared extinguished for 52 people, a decision that protects the former officials who designed and implemented the program.
RELATED: Inter-American Court Condemns Peru Over Forced Sterilization
The case was closed under Law 32107, approved in 2024 with the backing of lawmakers allied to former President Alberto Fujimori. The statute imposes strict time limits on the prosecution of crimes against humanity, setting aside the protection those abuses have long held under international treaties.
Under international law, crimes against humanity are not subject to statutes of limitation. Law 32107 introduced a domestic exception to that principle, and its application extinguished the proceedings for all 52 defendants at once.
🚨 La Fiscalía archivó la investigación contra 52 personas por las #EsterilizacionesForzadas durante el gobierno de Alberto Fujimori, entre ellas Alejandro Aguinaga, exministro de Salud y actual senador. Lo más grave: reconoce indicios de crímenes de lesa humanidad, pero declara… pic.twitter.com/dSaeConv1P
— saludconlupa.com (@saludconlupa) October 26, 2026
Text reads: “The Public Prosecutor’s Office closed the investigation against 52 people for the forced esterilizations during the government of Alberto Fujimori, including Alejandro Aguinaga, former Minister of Health and current senator. Most serious: it recognizes indications of crimes against humanity, but prescribes the crimes by applying a law driven by fujimorismo. Thousands of women are still waiting for justice.”
The law’s application halted the criminal proceedings overnight and favored senior officials who held ministerial posts during the 1990s. Among them is Alejandro Aguinaga Recuenco, who served as Health Minister under Alberto Fujimori’s administration and now holds a Senate seat for the Fuerza Popular party.
The resolution shielding Aguinaga does not conceal the gravity of what occurred. Prosecutors acknowledged that the mass surgical interventions were performed without the free, prior and informed consent of the women affected.
Former Ministers Eduardo Yong Motta and Marino Costa Bauer were also released from the process. According to the document, the operations constituted a widespread and organized practice directed by the State against poor women in rural areas.
The investigation officially covered 4,172 people harmed by serious injuries. Five women lost their lives. Celia Edith Ramos Durand, María Mamérita Mestanza Chávez, Alejandra Aguirre Auccapiña, Reynalda Betalleluz Aguilar and María Genoveva Espínola Otiniano are named in the case file.
Victims Denied Justice
Between 1996 and 2000, more than 272,000 women and 22,000 men were subjected to family planning programs. Pressure, deception and quotas reported by the State to the presidency marked those campaigns, and forced sterilization became official reproductive health policy.
The case ranks among the most emblematic human rights violations of Peru’s 1990s. Its closure shuts down a judicial avenue that had remained open since the first complaints against the state-run birth control program emerged.
In December 2025, the Transitory Criminal Chamber of the Supreme Court declined to apply Law 32107 in parallel proceedings to guarantee that investigations could continue. That ruling prompted disciplinary inquiries by the National Board of Justice against the magistrates involved.
The legal wrangling is not over. Parallel investigations have stayed alive under the high court’s stance, but the main case over the program’s architects and executors has now been closed for good.
Nearly three decades after the first allegations, the criminal path has been extinguished. The closure leaves no one criminally accountable for the officials who designed and executed the forced sterilizations. The file now ends under a norm that Peru’s own judiciary had questioned, while the fight over its reach continues.
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