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

This document certifies the Cooperation Agreement entered into on the one hand by the Truth and Reconciliation Commission, hereinafter THE COMMISSION, created through Supreme Decree N° 065-2001-PCM, complemented by Supreme Decree N° 101-2001-PCM, represented by its President, Salomón Lerner Febres, identified with DNI N° 08771655, appointed to such position by Supreme Resolution N° 330-2001-PCM, with legal domicile on Av. Salaverry 2802, district of San Isidro, Lima, and on the other hand, the Ad-Hoc Public Prosecutor’s Office, hereinafter THE PROSECUTOR’S OFFICE, represented by the Ad-Hoc Public Prosecutor National Coordinator Luis Gilberto Vargas Valdivia, identified with DNI N° 09163599, appointed through Supreme Resolution N° 016-2002-JUS, with legal domicile on Scipión Llona 350, Miraflores, Lima, in the following terms and conditions:

FIRST: PARTIES TO THE AGREEMENT

PROSECUTOR’S OFFICE

Through Supreme Resolution N° 241, 241, 133-2000-JUS, 353, 354, 355 y 356-2001-JUS a team of Ad-Hoc Public Prosecutors were appointed, as permanent and deputies. Also through Supreme Resolution N° 016-2001-JUS, Luis Gilberto Vargas Valdivia was appointed to the Prosecutor position so that, representing the State’s rights and interests, he establishes the relevant, legal actions, intervenes in trials, preliminary investigations and constitutional prosecution against former President of the Republic Alberto Fujimori Fujimori, Vladimiro Montesinos Torres and the other persons that may be involved for crimes against public administration and other crimes against the State.

THE TRUTH AND RECONCILIATION COMMISSION

The Truth and Reconciliation Commission is a high level organ created by the Executive Power through Supreme Decree N° 065-2001-PCM on June 4th, 2001, complemented by Supreme Decree N° 101-2001-PCM on August 31st, 2001, aimed at clarifying the process, facts and responsibilities of terrorist violence and violation of human rights produced from May 1980 to November 2000, attributable both to terrorist organizations and to State agents. It also aims at proposing initiatives to strengthen peace and concord among Peruvians.

Through Ministry Resolution N° 212-2001-PCM, Salomón Lerner Febres, President of the Truth and Reconciliation Commission was authorized to enter into cooperation agreements with the State’s powers, constitutionally autonomous institutions, international technical and financial cooperation organisms, as well as with any entity or company from the public or private sector, provided that these are related with the mandate conferred upon it by Supreme Decree Nº 065-2001-PCM.

SECOND: AGREEMENT OBJECTIVE

This agreement establishes the cooperation frame between both institutions for the achievement of the following general objectives:

a) Promoting the process of truth clarification, the rule of law and redress for victims towards the consolidation of the national reconciliation process and the strengthening of the constitutional democratic regime.
b) Promoting the effectiveness of Human Rights in Peruvian society, especially emphasizing the restitution of violated rights as a consequence of the violence which affected our country

THIRD: COOPERATION AREAS

According to the agreement objective, the cooperation areas are referred to the following subjects:

1. Handling of Information
THE PROSECUTOR’S OFFICE and THE COMMISSION will mutually collaborate with systematizing and handling all the information they have related with the facts THE COMMISSION is charged with clarifying, according to what is provided by Supreme Decree N° 065-2001-PCM or the information THE COMMISSION has that may be useful for the THE PROSECUTOR’S OFFICE’s investigations, which may use it confidentially, respecting the right to privacy of those involved as long as responsibilities are not individualized, as well as with reserve concerning the identity of witnesses and victims

This information includes complaints, investigations, testimonies, victims lists, documentary material and other types of violation of human rights cases or criminal acts, as well as bibliography related with THE COMMISSION’S or THE PROSECUTOR’S OFFICE’S work, and all the information that may be useful to their investigation tasks. THE PROSECUTOR’S OFFICE shall facilitate THE COMMISSION access to judicial files related with investigations derived from crimes against human rights committed by the persons it investigates. To do so, by request of THE COMMISSION, it shall submit the judicial appeals to which it is entitled.

2. Investigations
The parties commit themselves to cooperate in developing the investigations that both, as a consequence of the performance of their work, must carry out. These investigations may also be undertaken jointly or as supplement. Mutual collaboration includes formulating suggestions and recommendations, as well as absolving consultations formulated by any of the parties.

FOURTH: SPECIFIC AGREEMENTS

Specific agreements can be reached according to cooperation areas; these agreements shall establish their scope, duration and parties’ duties. Likewise, other cooperation areas can be established through them, as well as their expansion.

FIFTH: FUNDING

For the execution of the current agreement’s objectives, the parties may request the necessary economic and financial support, be it public or private, national or international.

SIXTH: AGREEMENT TERM

This agreement shall be effective from the date it is signed and will be effective until July 13th, 2003, unless any of the parties communicates the other party in written form and with one month’s notice, its intention of resolving it.

SEVENTH: OPERATIONAL COORDINATORS

For the better compliance with this agreement’s objectives, the following operational coordinators are appointed:

For THE COMMISSION: Javier Ciurlizza Contreras, Wilfredo Pedraza Sierra

For THE PROSECUTOR’S OFFICE: Ronald Alex Gamarra Valdivia

EIGHTH: INTERPRETATION AND CONTROVERSIES

This agreement is based upon the parties’ good faith. Hence, any controversies that could come up regarding interpretation, execution or non-compliance, shall be resolved by agreement of the parties. Both parties point out as legal domicile the one mentioned in the introduction of this document.

In conformity with the contents and scope of this agreement, the parties sign it in two equally valid copies in Lima on the 1st day of April, 2002.

Salomón Lerner Febres
President
THE COMMISSION

Luis Vargas Valdivia
Ad-Hoc Prosecutor
Ad-Hoc Prosecutor’s Office