INSTITUTIONAL COOPERATION AGREEMENT BETWEEN THE OMBUDSMAN’S OFFICE AND THE TRUTH AND RECONCILIATION COMMISSION

This document certifies the institutional cooperation agreement entered by the Ombudsman’s Office on the one hand, represented by the current Ombudsman, Walter Alban Peralta identified with D.N.I. 08239260, appointed by Ombudsman Resolution 66-2000/DP dated November 28th, 2000, in agreement with Article 80 of the Ombudsman’s Office Organic Law 26520 with legal domicile on Jr. Ucayali N° 3, Lima-1, and on the other hand, the Truth And Reconciliation Commission created by the President of the Republic through Supreme Decree N° 065-2001-PCM, of June 4th, 2001, as amended by Supreme Decree 101-2001-PCM, represented by its Chairman, SALOMÓN LERNER FEBRES, identified with DNI 08771655, appointed to such position through Supreme Resolution 330-2001-PCM with legal domicile at Av. Salaverry N° 2802- Lima 27, under the following terms and conditions:

FIRST: PARTIES TO THE AGREEMENT

The Ombudsman’s Office is an autonomous body under the constitution of Peru in charge of protecting the constitutional and basic rights of individuals and the community, of overseeing the administration of the State and public services, in conformance with Articles 1610 and 1620 of the Constitution and its Organic Law 26520.

Since its inception in 1996, the Ombudsman’s Office has contributed to peace building and redressing rights abuses caused by the violence which affected our country. It has programs and work lines to serve the victims of violence and serious violations to human rights. It has promoted the installation of the Truth Commission to study the period of violence and its serious consequences for Peru.

The Truth and Reconciliation Commission is a high level entity created by the Executive Power through Supreme Decree N° 065-2001-PCM of June 4th, 2001, as complemented by Supreme Decree N° 101-2001-PCM, to clarify the process, tasks and responsibilities related to terrorist violence and violations of human rights from May 1980 to November 2000, by both terrorist organizations and members of the state. It also makes proposals for strengthening peace and creating harmony among Peruvians.

The Truth and Reconciliation Commission has become the ideal mechanism to process and clarify the serious violations of human rights occurred during the violence period –it needs all the support and cooperation of public and private institutions and of citizens at large. In addition, it must direct its efforts at analyzing the causes of violence, contributing to the making of justice by competent entities and preparing proposals for institutional reform and the comprehensive redressing of victims.

SECOND: OBJECTIVE OF THE AGREEMENT

This agreement establishes the framework for cooperation between the Ombudsman’s Office and the Truth and Reconciliation Commission for the achievement of the following general objectives:

• Promoting the process of finding the truth, the rule of justice and the redress of victims that will lead to stronger National Reconciliation and democratic government .
• Promoting respect for human rights in Peru, with an emphasis on the restitution of violated rights as a result of violence in Peru.
• Contributing recommendations for legal, institutional and educational reforms; and to prepare proposals for programs to compensate victims of violence.
• Promoting and disseminating the work of the Truth and Reconciliation Commission to enhance its significance for national life and embrace the largest possible number of sectors in society. To this effect, an action plan and projects detailing the work of both institutions will be prepared.
  

THIRD: COOPERATION AREAS

According to the agreement’s objectives and the commitments assumed by the Ombudsman’s Office of providing its cooperation for the compliance of the Truth and Reconciliation Commission’s objectives, the following inter-institutional cooperation areas are established:

Forced disappearance and extra judicial executions
The Ombudsman’s Office shall hand over to the Truth and Reconciliation Commission complaints about the forced disappearance of persons filed with the Prosecutor’s Office from 1980 to 1996. The information includes a list of names of missing citizens and an updated and clean data base with information provided by public institutions such as INPE, RENIEC, ONPE and the General Migrations Bureau.

This list of missing citizens is being cross – checked with the victims’ family through a project carried out by the Ombudsman’s Office. Once the process concludes, the list will be handed over to the Truth and Reconciliation Commission.

In addition, the Ombudsman’s Office will make available to the Truth and Reconciliation Commission information on 514 cases of extra judicial execution victims.

Graves containing human remains.
The Ombudsman’s Office will make available to the Truth Commission a draft procedure guidelines for investigations of serious human rights abuses in connection with graves containing human remains. It is preparing a list of graves with human remains and their location, since this problem is closely linked to the forced disappearance of persons and extra judicial executions.

Terrorism victims
The Ombudsman’s Office shall submit a preliminary diagnose on the State’s treatment to compensate the victims terrorist acts.

Dissemination
The parties will cooperate in carrying out dissemination events, seminars, workshops or training courses related with the Truth and Reconciliation Commission’s and the Ombudsman’s Office’s functions.

Investigation
The parties will cooperate with and consult with each other in investigating human rights subjects of common interest.

Territorial Support
The parties shall cooperate in issues of territorial organization and deployment to comply with the objectives of this agreement.

The Ombudsman’s Office has regional offices throughout Peru that may support the Truth and Reconciliation Commission’s functions nationwide.

Publications
Publication of reports, documents and other materials prepared by both institutions in connection with the current agreement’s general objectives.

Recommendation Follow up
The Ombudsman’s Office will collaborate in designing and establishing mechanisms for following up the Truth and Reconciliation Commission’s recommendations.

FOURTH: SPECIFIC AGREEMENTS

Specific agreements will be prepared by cooperation areas. The agreement’s scope and duration, and the obligations of the parties will be established in the agreement.

FIFTH: ACTIVITIES

Aiming at reaching this agreement’s objectives, the following activities shall be performed:

• Joint actions coordination and design meetings.
• Preparation of specialized reports on specific cases or issues.
• Carrying out dissemination and training events for the Truth and Reconciliation Commission’s officials and/or training to other public officials.

SIXTH: FINANCING

For the execution of the above objectives, the parties are free to request the economic and financial support they need, be it from either public or private, national or international sources.

SEVENTH: OPERATION COORDINATORS

The following operation coordinators will help to comply with the objectives of this agreement:

For the Ombudsman’s Office: the First Deputy Ombudsman: José Ignacio Távara Martin

For the Truth and Reconciliation Commission: Its Executive Secretary, Javier Ciurlizza Contreras

EIGHTH: TERM OF THE AGREEMENT

This agreement shall become effective as from its signing and until the COMMISSION completes its mandate in compliance with Supreme Decree N° 065-2001-PCM, unless one of the parties notifies the other party in writing and one month advance its intention of terminating the agreement.

NINTH: INTERPRETATION AND CONTROVERSIES

This agreement is based upon the parties’ good faith. Any controversies arising its interpretation, execution or breach will be resolved by agreement of the parties, or otherwise shall be submitted to the jurisdiction of Lima judges. Both parties declare their legal domicile is the one appearing in the introduction of this document.

In conformance with the contents and scope of this agreement, the parties sign it in two equally valid copies in Lima on the 17th day of September, 2002.

Walter Albán Peralta
Acting Ombudsman
Ombudsman’s Office

Salomón Lerner Febres
Chairman
Truth and Reconciliation Commission