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

This document certifies the Institutional Cooperation Agreement entered into by the PROSECUTOR’s OFFICE on the one hand, represented by the Attorney General, Nelly Calderón Navarro, identified with DNI 08773571, appointed by Resolution 004-2000-MP-FN-JFS dated November 6th, 2000, according to Article 37 of the Prosecutor’s Office Organic Law, Legislative Decree 052, with legal domicile on Avenida Abancay s/n Lima-1 and on the other hand, the Truth and Reconciliation Commission, hereinafter, the COMMISSION, crated 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 Chairman, Salomón Lerner Febres, identified with D.N.I. 08771655, appointed to such position by Supreme Resolution 330-2001-PCM and authorized by Ministerial Resolution 212-2002-PCM to sign agreements and accords with constitutionally autonomous institutions, with legal domicile on Av. Salaverry N° 2802, Lima 17, in the following terms and conditions:

FIRST: PARTIES TO THE AGREEMENT

The Prosecutor’s Office

According to Article 1 of Legislative Decree N° 052, the PROSECUTOR’s OFFICE is a State independent agency for the defense of the rule of law, citizens’ rights and public interests; representing society in trials, defending families, minors, persons with disabilities and the social interest; protecting public moral; prosecuting crime, and obtaining civil redress. It is also in charge of preventing crime, and ensuring the independence of judicial organs, and the correct administration of justice, and other functions established by the Political Constitution of Peru and the Nation’ juridical order.

In exercising its functions, it is called to conduct investigations on any kind of crimes from the start, including those implying human rights violations.

Truth and Reconciliation Commission

THE COMMISSION is a high level organ created by the Executive Power through Supreme Decree 065-2001-PCM of June 4th, 2001, aimed at clarifying the process, facts and responsibilities of terrorist violence and violation of human rights produced from May 1980 to November 2000, imputable both to terrorist organizations and to State agents. It also aims at proposing initiatives to strengthen peace and concord among Peruvians.

To reach its objectives, THE COMMISSION can request the cooperation of public and private institutions as well as of citizens at large.

SECOND: COMMON INTERESTS

The PROSECUTOR’s OFFICE and THE COMMISSION share the interest in and purpose of clarifying human rights crimes and abuses imputable both to terrorist organizations and to State agents. This is so to the extent that for the Prosecutor’s Office such acts are criminal illicit actions subject to investigation and eventual filing of charges, and so are they for THE COMMISSION, charged with clarifying such actions and facts in compliance with Article 1 of Supreme Decree 065-2001-PCM.

The juridical framework protecting, establishing and regulating the functions of each one of the parties respond to motivations of different types. Such motivations not imply interference with the work each must perform in of their mandate under the law. In this regard, the current constitutional and legal arrangements are in line with Supreme Decree 065-2001-PCM, Article 3 of which states that THE COMMISSION does not have jurisdictional powers and, hence does not substitute for the Judiciary or the PROSECUTOR’s OFFICE .

THIRD: OBJECTIVES OF THE AGREEMENT

This agreement establishes the institutional cooperation framework between the Prosecutor’s Office, through the Special Prosecutor for forced disappearances, extra judicial executions and grave of clandestine burials, exhumations, hereinafter SPECIAL PROSECUTOR, and THE COMMISSION so both institutions can discharge their functions and investigate facts described in Article 1 of Supreme Decree 065-2001-PCM.

FOURTH: COOPERATION AREAS

According with the agreement’s objectives, cooperation will address the following issues:

I. Forced Disappearances, Extra Judicial Executions and Exhumations

I.1 Access to Information

THE COMMISSION shall facilitate the SPECIAL PROSECUTOR’s access to information to exhume clandestine burials linked to the political violence between 1980 and 2000.

As regards investigations by the PROSECUTOR’s OFFICE, information shall be provided if the procedural reserve established by law so permits. The operational coordinators referred to in clause eight are solely authorized to request such information. Requests to the PROSECUTOR’s OFFICE will be made through the SPECIAL PROSECUTOR. The PROSECUTOR’s OFFICE shall include in its guidelines measures specifying the obligation of all prosecutors to inform the SPECIAL PROSECUTOR about their requests.

I.2 Investigations

The parties commit to cooperate in investigations relating to their duties, either jointly or complementing each other. They shall coordinate a special investigation procedures to determine mutual cooperation and support schemes. These procedures will require specific agreements.

THE COMMISSION may facilitate the means and specialized personnel to support the SPECIAL PROSECUTOR in performing the tasks required to this end.

I.3. Human Burials

The PROSECUTOR’s OFFICE will be in charge of clandestine burial and corpse exhumations within its powers and with participation of the Legal Medicine Institute members and independent national or foreign experts suggested by mutual agreement of the parties, within the frame of the Joint Work Platform for the Investigation of Mass Burials signed on June 14th, 2002 by THE COMMISSION, the PROSECUTOR’s OFFICE, the Ombudsman’s Office and the National Coordinator of Human Rights.

The decision to open a clandestine burial will be coordinated among the parties to guarantee a successful operation. THE COMMISSION provides all its information regarding location of graves and corpses. Likewise, its certified officials may participate as observers in such work.

Before their assigned work, THE COMMISSION, in coordination with the SPECIAL PROSECUTOR appointed by the PROSECUTOR’s OFFICE, will collect information from witnesses and residents that may facilitate the subsequent work of identification and fact clarification.

II. Protection to direct and indirect witnesses

If the COMMISSION deems important to safeguard the physical integrity of direct or indirect witnesses, their spouses, partners or direct relatives may request to the Ministry of the Interior, competent agencies or the PROSECUTOR’s OFFICE, to enforce the witness protection measures mentioned in Law 27378, “that creates the benefits for effective cooperation against organized crime”.

The protection request submitted by THE COMMISSION must be appropriately grounded and documented. THE COMMISSION will take into account the risk or danger to the witnesses, when recommending protection measures.

After filing the request, the PROSECUTOR’s OFFICE shall order the relevant investigations through the SPECIAL PROSECUTOR. Notwithstanding the above, after evaluating the protection request and THE COMMISSION’s recommendation, it shall immediately take the necessary measures to protect the identity, domicile, profession and any other witness information.

The same or other protection measures will continue in effect as long as the SPECIAL PROSECUTOR thinks the underlying danger remains

If the prosecutor’s investigation concludes there are no grounds to start a criminal law suit, the protection measures will be withdrawn at the request of the SPECIAL PROSECUTOR. THE COMMISSION shall be informed.

III. Working guidelines

The PROSECUTOR’s OFFICE shall issue any internal rules and guidelines it considers relevant to guarantee the cooperation of prosecutors, technical experts, and SPECIAL PROSECUTOR and Legal Medicine Institute staff to undertake exhumations, laboratory tests and identification in those investigate tasks requiring the participation of COMMISSION officials. Likewise, it shall take measures to comply with the commitments undertaken in this agreement.

FIFTH: SPECIFIC AGREEMENTS

The parties may enter into specific agreements by cooperation areas. These agreements shall establish the scope and duration of the cooperation, and the duties of the parties.

SIXTH: ACTIVITIES

To reach this agreement’s objectives, the parties commit themselves to hold joint coordination and planning meetings as required by either of the parties.

SEVENTH: FUNDING

For the execution of this agreement, the parties will complement their requests of resources from the Public Treasury and the international technical cooperation agencies they consider relevant.

EIGHTH: OPERATIONAL COORDINATORS

To honor these commitments and sign the required agreements, the parties agree to appoint the following individuals as operational coordinators of the agreement:

For the PROSECUTOR’S OFFICE Sonia Papi Belando
Felipe Villavicencio

For THE COMMISSION: Javier Ciurlizza Contreras
Wilfredo Pedraza Sierra

NINTH: TERM

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.

TENTH: 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 considering the agreement signed between the parties in two copies in Lima on the 15th day of August, 2002.

SALOMÓN LERNER FEBRES
President
Truth and Reconciliation Commission

NELLY CALDERÓN NAVARRO
Attorney General