Truth and Reconciliation Commission (Comisión de la Verdad y Reconciliación) (2001-2004)
Final Report: http://www.cverdad.org.pe/ifinal/index.php (in Spanish)
General Conclusions of Final Report: http://www.cverdad.org.pe/ingles/ifinal/conclusiones.php (in English)
How the Commission was created: Government Decree (No. 065-2001-PCM of June 4, 2001) created the Truth Commission. Ratified and complemented by September 4th, 2004, finally being called Truth and Reconciliation Commission (Supreme Decree N°101-201-PCM).
Mandate of TRC: To examine the process, facts and liabilities of terrorist violence and human rights violations from May 1980 to November 2000, by either terrorist organizations and State agents; and to propose initiatives aimed at strengthening peace and harmony among Peruvians.
Type of Human Rights Abuses Investigated: Murders, kidnappings, forced disappearances, torture and other serious injury, violations of collective rights of the Andean and Amazonian communities and other serious human rights violations, including terrorist attacks, violence against women, detentions and sentences in violation of due process and internal displacement. (from http://www.cverdad.org.pe/ingles/lacomision/nlabor/decsup01.php)
Period Investigated: 1980 to 2000
Geographic Area Investigated: Covered all regions
Number & Nationality of commissioners: Twelve all nationals
Legal powers of investigation: Conducted public hearings; no prosecutorial power; evaluated individual cases and forwarded those with sufficient evidence to Public Ministry for prosecution.
Access to state-military files and other sources of info: Full access according to mandate, but military participation was severely limited.
Budget: $11,700,000 USD
Perpetrators of the conflict: State agents-armed forces and police, paramilitary/self-defense groups, Sendero Luminoso, and Tupac Amaru Revolutionary Movement
Number of victims: 69,280 estimated victims
Number of cases presented to Commission: 16,917 testimonies, 11,582 of those made into studied cases (70%), 23 in-depth case studies in report Number of public hearings: 35.
Types of Public Hearings: 8 with victims, 5 Thematic, 7 Public Assemblies and 15 Citizen Dialogues and Meetings. (From http://www.cverdad.org.pe/ingles/lacomision/balance/index.php)
Naming names: Yes
Reparations offered: Commission proposes reparations, reparations call for “no external intervention” in distribution, may be difficult to provide reparations to rural indigenous groups. Commission presents a Comprehensive Plan for Reparations--includes individual and collective, symbolic and material forms of compensation financed by the State, society and international donors. Since vast majority of victims were poor, indigenous campesinos who have been traditionally discriminated against, they should receive preferential treatment from the State.
Follow-up activities after Commission: One of the stated five main objectives of its mandate. Government created high level multi-sectional commission; civil society working groups on reparations and institutional reforms.
Comisión de la verdad y reconciliacion.
Justice: The First Casualty of Truth. Brody, Reed. The Nation, 30 April 2001.
Strategic Choices in the Design of Truth Commissions. European Centre for Common Ground & Program on Negotiation, 2002.
Truth Commissions Digital Collection. Jeannette Rankin Library Program & The United States Institute for Peace, 23 April 2004.
"Truth Commissions in Guatemala and Peru: Perpetual Impunity and Transitional Justice Compared." Crandall, Joanna. Peace, Conflict and Development. Issue 4, April 2002.
Truth Commissions and Transitional Justice: A Short Guide. Bronkhorst, Daan. September 2003.
Truth and Consequences: The Final Report on Peru’s Truth and Reconciliation Commission. Panel Discussion. George Madison University, September15, 2003.