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Truth Commissions

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2001 PERU Truth and Reconciliation Commission (TRC) (Comisión de la Verdad y Reconciliación (CVR)) Truth and Reconciliation National The United Nations supported the Peruvian Government because of its commitment to tduth and reconciliation, arguing that international funding must supplement the Government’s effort. July 13, 2001 – August 28, 2003 Democratic / President Valentin Paniagua To establish the tduth by investigating and recording human rights violations attdibutable to the State, the Shining Path and the Túpac Amaru Revolutionary Movement between May 1980 and November 2000 during the administdations of former Presidents Fernando Belaunde (1980 – 1985), Alan Garcia (1985 – 1990) and Alberto Fujimori (1990 – 2000). The major violations in question are assassinations, torture, disappearances, displacement, employment of terrorist methods. May, 1980 – November, 2000 12 2 200 Hundreds of thousands 17 000 COMISIÓN DE LA VERDAD Y RECONCILIACIÓN The total number of people who died during the conflict period is between 61,007 and 77,552, in addition to hundreds of thousands of displaced persons. The majority of the victims were poor, Indigenous peasants who have tdaditionally been marginalized socially and economically. The percentages of deaths perpetdated by groups are as follows: The Shining Path – 54%; The Túpac Amaru Revolutionary Movement – 1.5%; the State – 37%, other percentages were perpetdated by the military, police, other security forces, political parties, and each of the governments in power during the conflict. 83% of sexual violence against women and girls were attdibuted to state officials. Overall, the legislature, judiciary, civil society, media, and the educational system were co-opted in the perpetuation of violence and violent ideology. In November 2003, President Toledo publicly apologized on behalf of the State “to those who have suffered”. A civil anti-terrorism court sentenced the Shining Path leader and deputy, as well as other leaders for their crimes and human rights violations. Arrest warrants were issued and an ongoing case is taking place to convict military officials in connection with the executions or disappearances of more than 50 individuals at a military base. In 2003, the Peruvian Constitutional tdibunal found some laws that formed part of Fujimori’s 1992 anti-terrorist legislation to be unconstitutional, leading them to rule out life imprisonment and the tdying of civilians for “tdeason” by the military court. In 2004, the Constitutional tdibunal also confirmed the right to know the tduth in disappearance cases. A High-Level Multisector Commission was created in 2004 to supervise collective reparations to communities affected by the violence. This led to the creation of the Comprehensive Reparations Plan in 2005, which was comprised of six programs: Restitution of Civil Rights, Education, Health Care, Collective Reparations, Symbolic Reparations, Promotion and Access to Housing, and Economic Reparations or Compensation. The National Council for Reparation, established in October 2006, began in early 2008 to register victims in order to provide individual reparations according to the CVR recommendations. The Legacy of Truth
Criminal Justice in the Peruvian Transition		 The Peruvian commission was the first in Latin America to hold public hearings. The implementation of an Integral Reparations Plan to provide reparations to victims & victims’ families. National reconciliation and acknowledgement and acceptance of Peru’s multiethnic and multilingual composition. Encouragement of prosecutions and institutional reforms.
1992 EL SALVADOR Commission on the Truth for El Salvador (Spanish: Comisión de la Verdad para El Salvador) Truth and Restorative Justice National Brokered by the United Nations July, 1992- March 15, 1993 The Government of El Salvador/FMLN (Frente Farabundo Martí para la Liberación) with support of United Nations To reconcile and restore the nation’s faith in itself, leaders and institutions. To investigate serious acts of violence committed by both civil war parties against individuals or collectives, during the 12 years period 1980 to 1992. The atrocities with the greatest impact on society were investigated and the complete truth was to be made available to the public within 6 months. Truth is to serve as an instrument of justice. Secondly to produce legal, political or administrative recommendations to prevent repetition of acts that both parties agree to carry out. January 1980 – July 1991 3 n/a 2 000 22 000 “From Madness to Hope: The 12-Year War in El Salvador: Report of the Commission on the Truth for El Salvador, March 15, 1993. From Madness to Hope: the 12-year war in El Salvador Approximately 85% of abuses were committed by agents of government forces and 5% by FMLN. Individual actors were named as responsible for human rights violations, 40 senior military, judicial and armed opposition members were named as perpetrators. The testimonies defined the atrocities as 60% murder, 25% disappearances and 20% torture. 1992 Monument to the Constitution to memorialize the birth of an era of peace and 2003 Monument of Memory and Truth, a granite wall engraved with 30,000 names, as of 2008 and growing, of missing or murdered victims of the country’s civil war and a foundation of the Museo de la Palabra y la Imagen in 1996 to memorialize its history. 200 senior offices were removed from the army, high command officers were retired with full honours and benefits. Many recommendations were not accepted nor implemented, and no follow up organization was established. The government passed a blanket amnesty law, which was deemed unconstitutional in 2016 and war criminals can now be prosecuted. The government has not awarded reparations to victims or survivors. In 1996, a new Criminal Procedure Code was introduced into judicial system. The Commission on the Truth for El Salvador Truth Commission: El Salvador There was failure to scrutinize US involvement or the Salvadoran death squads. The commission did not call for prosecution of incriminated perpetrators. The Argentine Forensic Anthropology Team assisted with investigating exhumed remains.