Council of Ministers Presidency - PCM
Creation of the Truth Commission

Supreme Decree
N° 065-2001-PCM

THE PRESIDENT OF THE REPUBLIC

HAVING EXAMINED:

The project to create the Truth Commission submitted by the Inter-institutional Work Group appointed by Supreme Resolution 314-2000-JUS;

WHEREAS:

Article First of the Constitution establishes that the defense of the human person and respect for its dignity are the supreme end of society and the State;

It is society’s and the State’s duty to guarantee full respect for human rights as an expression, end and aim of every democratic system;

It is the State’s duty to promote and guarantee peaceful coexistence among all members of society;

In May 1980, terrorist organizations launched their violent actions in Peru and as a result thousands of Peruvians saw their most elementary rights infringed by both terrorist organizations and State agents, leaving a tragic balance of crimes, missing citizens and other grave offenses that were not elucidated;

The painful violence Peru experienced in the last two decades must be fully clarified, not left to oblivion and the State must guarantee the right of society to know the truth;

A democratic State and society must face the past firmly but without revenge, exploring every fact opposing democratic freedoms and principles;

A Truth Commission can examine terrorist violence and serious violations to human rights during this period and to prevent them from happening again by creating the necessary conditions for national reconciliation based upon justice.

In compliance with Section 24, Article 118 of the State’s Political Constitution, with the approving vote of the Cabinet;

HEREBY DECREES:

Article 1: the Truth Commission is herby incepted. It shall be in charge of 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 shall also propose the initiatives aiming at strengthening peace and concord among Peruvians.

The Truth Commission will promote national reconciliation, the rule of justice and the strengthening of the constitutional democratic regime.

Article 2: the Commission will have the following objectives:

a) analyzing the political, social and cultural conditions as well as the behavior, which, from society and the State’s institutions, contributed to the tragic violence situation undergone by Peru;

b) contributing to clarification by the respective jurisdictional organs, when it corresponds, of human rights crimes and violations by terrorist organizations or some State agents, seeking to establish the whereabouts and situation of victims and identifying as possible, the presumed responsibilities.

c) Preparing redress and ennoblement proposals for victims and their relatives.

d) Recommending institutional, legal, educational and other reforms as prevention guarantees, so that they are processed and undertaken by legislative, political or administrative initiatives; and,

e) Establishing follow up mechanisms of its recommendations.

Article 3: The Truth Commission will focus its work in the following facts, whenever they can be imputed to terrorist organizations, or State agents, or paramilitary groups:

a) Assassination and kidnapping;

b) Forced disappearance; .

c) Torture and other serious injuries;

d) Violations to the collective rights of Andean and native communities in the country;

e) Other crimes and serious violations against the rights of people.

The Commission has no jurisdictional powers. Therefore, it does not substitute for the Judiciary or the Public Ministry.

Article 4: the Truth Commission shall consist of seven Peruvians, with well-known ethical background, prestige and legitimacy in society and identified with the defense of democracy and constitutional institutions.

The President of the Republic, with approving vote of the Council of Ministers, will appoint the Commission members through Supreme Resolution.

Article 5: Given the exceptional nature of their functions, the Truth Commission members will have appropriate security measures provided by the Executive .

The Executive, the members of the Armed Forces and Police Forces or any other institution, official or civil servant within the field of the Executive, must provide the Commission with their support and collaboration, so it can comply with its functions. The Executive, in support to the Truth Commission will make the necessary coordination with the other state powers to promote their cooperation.

Notwithstanding the above mentioned, the Truth Commission may propose and sign through the Executive, special cooperation agreements with the Legislative Power, the Judiciary, the Prosecutor’s Office Ministry and any other constitutionally autonomous institution.

Article 6: The Truth Commission will have the following attributions for complying with its mission:

a) Interviewing and gathering any information it deems relevant from any person, authority, official or civil servant.

b) Requesting cooperation from public officials and civil servant to access documents or any other State information.

c) Visiting, inspecting or any other procedure it deems relevant. To that effect, the Commission can be supported by specialists and experts to carry out its functions.

d) Holding public hearings and any actions it deems convenient in a reserved fashion. It is entitled to keep in reserve the identity of those providing it with important information or participating in investigations.

e) Requesting security measures for the people who, according to the Commission’s discernment are in a situation that threatens their lives or personal integrity.

f) The Truth Commission shall establish communication channels and participation mechanisms among the population, especially that affected by violence.

g) Approving its internal organization and functioning regulations for complying with its objectives and attributions.

Article 7: The Truth Commission will start its work after it is installed and shall have an effectiveness term of 18 months. This term can be extended for 5 more months.

The Truth Commission’s Final Report will be submitted to the President of the Republic and other State powers representatives. It will be published and disseminated among citizens.

The testimonies and documents it receives shall be kept reserved. After having completed its functions, the documentary stock the Commission has gathered along its effective term, will be submitted, to the Ombudsman’s Office after an inventory, with strict reserve of its contents. The Executive will take care of the Commission’s recommendations as long as they are compatible with the law.

Article 8: the current Supreme Decree shall be endorsed by the President of the Council of Ministers, the Minister of Defense, the Minister of the Interior and the Minister of Justice.

FINAL PROVISIONS

First. The Truth Commission will establish an Executive Secretariat as a support organ for compliance of its functions. It may hire the services of professionals from different scientific branches necessary for the correct performance of its mandate among which it shall include lawyers, sociologists, psychologists, experts in forensic medicine and anthropology, among others. The Executive Secretariat’s organization and function shall be established in its regulations.

Second. The Truth Commission has the following resources:

a) Those transferred to that effect by the Ministry of Economy and Finance.

b) Those included in the Republic’s general budget for the following fiscal years.

c) Those directly obtained from international cooperation.

d) Other derived from donations.

Third: the Truth Commission members shall be appointed within 30 days counted from the date of effectiveness of this Supreme Decree. Once the Commission is installed, it shall have a ninety-day term to organize its work and prepare the relevant documents and regulations.

Given at the House of Government, in Lima on the … day of June 2001.

VALENTÍN PANIAGUA CORAZAO
Constitutional President of the Republic

JAVIER PÉREZ DE CUELLAR
President of the Council of Ministers

ANTONIO KETÍN VIDAL HERRERA
Minister of the Interior

WALTER LEDESMA REBAZA
Minister of Defense

DIEGO GARCÍA SAYAN LARRABURE
Minister of Justice