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
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
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
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
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
- Contributing recommendations for legal, institutional
and educational reforms; and to prepare proposals for programs
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
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
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
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.
The Ombudsman’s Office shall submit a preliminary diagnose
on the State’s treatment to compensate the victims terrorist
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
The parties will cooperate with and consult with each other
in investigating human rights subjects of common interest.
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
Publication of reports, documents and other materials prepared
by both institutions in connection with the current agreement’s
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.
Aiming at reaching this agreement’s objectives, the
following activities shall be performed:
- Joint actions coordination and design meetings.
of specialized reports on specific cases or issues.
out dissemination and training events for the Truth and
Reconciliation Commission’s officials and/or
training to other public officials.
For the execution of the above objectives, the parties
are free to request the economic and financial support
be it from either public or private, national or international
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
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,
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
Salomón Lerner Febres
Truth and Reconciliation