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INSTITUTIONAL COOPERATION AGREEMENT BETWEEN THE
PRO HUMAN RIGHTS ASSOCIATION AND THE TRUTH AND RECONCILIATION COMMISSION

This document certifies the institutional cooperation agreement entered into by the Pro Human Rights Association- APRODEH, on the one hand, represented by its general coordinator, Francisco Soberón Garrido identified with D.N.I. 10272012, with legal domicile at Jr. Pachacutec 980, Jesús María, Lima, and on the other hand, the Truth And Reconciliation Commission created by the President of the Republic through Supreme Decree 065-2001-PCM, of June 4th, 2001, as amended by Supreme Decree 101-2001-PCM, represented by its president 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- San Isidro Lima 27, under the following terms and conditions:

FIRST: PARTIES TO THE AGREEMENT

Pro Human Rights Association- APRODEH

The Pro Human Rights Association- APRODEH is a non governmental organization devoted to protecting human rights, registered in card 6332 entry 1 of the Associations Registry at the Public Registry of Lima.

Since 1983, APRODEH has investigated and advocated human rights issues nationwide through its legal division, and appeared before international organizations such as the Inter American Human Rights Commission, the United Nations Human Rights Committee, and others.

APRODEH has organized a general archive of police, judicial and non-judicial investigations on complaints and cases, in charge of the documentation area. It also houses a specialized library on human rights issues.

Truth and Reconciliation Commission

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.

The Truth and Reconciliation Commission and the National Coordinator of Human Rights signed on October 9th 2001 an institutional cooperation agreement which shall be the frame for the execution of the current agreement, taking into account that APRODEH is a fraternal member of such entity.

SECOND: AGREEMENT OBJECTIVES

This agreement establishes the framework for cooperation between the Pro Human Rights Association and the Truth and Reconciliation Commission for the achievement of the following general objectives:

Promoting the process of finding the truth, the rule of law 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

In line with the objectives of agreement, the cooperation will refer to the following issues:

Documentation
APRODEH commits to make the following available to the Commission:

a. APRODEH experience, (including data collection cards, controlled vocabulary, lists of authorities, etc.)

b. The case information system (software) so that, based upon past experience, the Commission may create the databases it needs to fulfill its mandate.

c. Access to its reference collection; special exhibit of books for the members and operational team of the Truth and Reconciliation Commission.

d. Access to the press files. Special priority retrospective search service.

e. Access to the photographic archive, and e-mailing of scanned copies.

f. Access to the UN-OAS archives. A selection of these documents will be included in the reference exhibit.

g. Special service for “consultation on demand” searches (over the web for operational team members).

Investigation
APRODEH commits to:

a. Make available to the Truth and Reconciliation Commission the results of any research it undertakes, as well as facilitating documentation and testimonies of human rights violation cases within the Commission’s mandate.

b. Supporting the Truth and Reconciliation Commission’s investigation work, particularly at institutional work sites (Apurímac, Ayacucho, Huancavelica, Huánuco, Junín, Lima, Ucayali and San Martín) through APRODEH’s Legal Team and its province promoters.

c. Facilitating contact with relatives, community authorities and others.

d. Collaborating with the public hearings procedures, aiding victims, relatives and witnesses.

Communications

With the purpose of promoting and disseminating the work to be developed by the Truth and Reconciliation Commission, and positioning it prominently the nation’s life by addressing the widest raise of sectors and society, APRODEH commits to the following:

a. Sensitizing public opinion, prioritizing work with specific sectors with which it has a permanent relationship (victims’ relatives, population affected by political violence, social and professional organizations and personalities).

b. Disseminating issues related to the Truth and Reconciliation Commission through institutional media (radio programs and networks, electronic bulletins, web pages, printed materials).

c. Promoting and carrying out permanent impact actions before the public opinion (art exhibits, plays, concerts, press campaigns).

 

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. Additional areas of cooperation and their scope may also be identified.

FIFTH: FUNDING

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

This agreement does not generate any financial liabilities to the Truth and Reconciliation Commission.

SIXTH: 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.

SEVENTH: OPERATION COORDINATORS

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

For the Truth and Reconciliation Commission: Jorge Salazar Cussianovich, Investigation AreaCoordinator

For the Pro Human Rights Association- APRODEH

Gloria Cano Legua, Responsible for the Legal Area

To achieve the objectives of this agreement, both parties, through their operation coordinators or their designers agree to hold joint coordination and action plan meetings when requested by any of the parties.

EIGHTH: 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, taking as reference the agreement signed between the Truth and Reconciliation Commission and the National Human Rights Coordinator.

In conformance with the contents and scope of this agreement, the parties sign it in two equally valid copies in Lima on the 19th day of November, 2002.

Francisco Soberón Garrido
Coordinatort
APRODEH

Salomón Lerner Febres
Presiden
Truth and Reconciliation Commission