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
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
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
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
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
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
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
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.
To reach this agreement’s objectives, the parties commit
themselves to hold joint coordination and planning meetings
as required by either of the parties.
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
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
For THE COMMISSION: Javier Ciurlizza Contreras
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
Truth and Reconciliation Commission
NELLY CALDERÓN NAVARRO