Council of Ministers
Presidency - PCM
Creation of the Truth Commission
THE PRESIDENT OF THE REPUBLIC
The project to create the Truth Commission submitted by the
Inter-institutional Work Group appointed by Supreme Resolution
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
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;
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
The Truth Commission will promote national reconciliation,
the rule of justice and the strengthening of the constitutional
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
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
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
The President of the Republic, with approving vote of the
Council of Ministers, will appoint the Commission members through
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.
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
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
Given at the House of Government, in Lima on the … day
of June 2001.
VALENTÍN PANIAGUA CORAZAO
of the Republic
JAVIER PÉREZ DE CUELLAR
President of the Council of
ANTONIO KETÍN VIDAL HERRERA
Minister of the Interior
WALTER LEDESMA REBAZA
Minister of Defense
DIEGO GARCÍA SAYAN LARRABURE
Minister of Justice