This rejection eliminates the possibility of a pardon that interim President José María Balcázar had previously indicated he might consider before leaving office. Balcázar, who is set to transfer power to right-wing candidate Keiko Fujimori on July 28, had suggested that a United Nations ruling might “modify the legal and constitutional scenario” regarding how a detained person could be pardoned. However, with the Ministry of Justice’s recent decision, that avenue is now ruled out. The political significance of this move is profound, as it effectively insulates Castillo’s conviction from executive intervention during the final days of the current administration.
Castillo is serving an 11-year sentence at the Barbadillo prison in Lima following his attempted coup on December 7, 2022. On that date, he delivered a message to the nation in which he dissolved the Congress of the Republic. Congress subsequently removed him from office for moral incapacity, and he was arrested. In November 2025, a court convicted him of conspiracy to commit rebellion but acquitted him of the charge of actual rebellion, citing that he did not take up arms. Just one day before the Presidential Pardons Commission’s decision, the Supreme Court of Justice denied an appeal filed by Castillo’s defense team, upholding his 12-month pretrial detention.
The legal battle surrounding Castillo’s case has intensified following a report by the United Nations Working Group on Arbitrary Detention. In July, the group concluded that Castillo’s detention was “arbitrary” and recommended his immediate release, giving the Peruvian government six months to report on any difficulties in implementing the recommendations. The UN panel also called for compensation and other forms of reparation in accordance with international law. Castillo’s lawyer, Walter Ayala, filed a habeas corpus petition with the Second Constitutional Court of Lima based on these conclusions, seeking the nullification of the judicial proceedings, including the preventive detention orders and the first-instance conviction. Ayala specifically named Balcázar, the Minister of Justice, Congress, and the Supreme Court judges as responsible for the alleged violation of Castillo’s freedom.
The Peruvian government maintains a stance of non-compliance with the UN recommendations, arguing that the ruling is not binding. This position highlights the ongoing tension between Peru’s domestic judicial independence and international human rights oversight. The rejection of the pardon request reinforces the government’s commitment to upholding the domestic court rulings, even in the face of international pressure.
Castillo’s incarceration has become a focal point for the “Castillismo” political movement, named for his presidency. Analysts argue that despite his leader being jailed for attempting to dissolve Congress, the movement endures due to the social and economic realities in Peru. According to the National Institute of Statistics and Informatics (INEI), 4.7% of Peru’s population, approximately 1.6 million people, lived in extreme poverty in 2025. This poverty is predominantly concentrated in rural communities in the Andes and Amazon regions, which remain largely disconnected from the economic center of Lima. Economist Hernán Garrido Lecca described the political support for Castillo not as a mere protest vote, but as one “born out of desperation and abandonment” by the nation’s poorest citizens.
Current left-wing Congressman Roberto Sánchez, who is expected to carry forward the political legacy of Castillismo, has campaigned wearing a straw hat that once belonged to Castillo. Sánchez has sought to present himself as a more institutional and pragmatic candidate, distinguishing himself from Castillo’s radicalism. In the final days of the campaign, he presented a government plan promising macroeconomic stability and respect for the Central Bank’s autonomy. Yet, for many Peruvians, the question remains whether this represents genuine moderation or a strategic political maneuver. As journalist Catherine Lanseros noted, “No matter how many times he rewrites his government proposal, Sánchez cannot deny his essence.”
The rejection of the pardon leaves Castillo’s status firmly in the hands of the judiciary. With the transfer of power to President-elect Fujimori approaching, the focus shifts to how the new administration will handle the ongoing legal proceedings and the UN’s recommendations. The case remains a litmus test for Peru’s adherence to international human rights standards and the stability of its democratic institutions in a period of high political polarization.
