III.
POSITIONS OF THE PARTIES
A.
The petitioners
12.
The petitioners claim to have been employees of the Ministry of the
Economy and Finance who were dismissed without the guarantees of legal due
process, during the reorganization of government institutions in the 1990s. In the
petition they allege that in the wake of the auto-coup of former president Alberto
Fujimori, various abuses were committed against government employees, such as the
decommissioning of the National Civil Service Tribunal (which was the administrative
venue to which state servants could turn) and of the National Public Administration
Institute, and the take-over of Office of the Comptroller General of the Republic.
13.
The petitioners contend that they were initially under the labor
system of Legislative Decree No. 275, which Article 276 provides that “no public
employee shall be dismissed or removed except for the causes that the law stipulates
and in accordance with the established procedure”. The petitioners allege that despite
that provision, in December 1991 a governmental reorganization was instituted by
Decree-Law No. 26093; pursuant to that Decree-Law, Ministerial Resolution No. 12397-EF of July 3, 1997, approved an evaluation system whereby staff of the Ministry of
the Economy and Finance who did not pass the exam could be declared redundant
staffing. The petitioners allege that they underwent numerous evaluations between
1991 and 1997, when it was decided that they should be entered into a training
program. The petitioners allege that they participated in the program, underwent
academic evaluation, and took a test at the end of the course which, the petitioners
contend, they passed.
14.
According to the petitioners’ allegations, subsequent to this process,
Vice Ministerial Resolution 037-97-EF/13, dated December 22, 1997, ordered that the
evaluation of the Ministry’s staff was to include an academic and psychological
evaluation. The petitioners allege that in their case, this resolution was applied
retroactively, since they had already completed their evaluation process. The
petitioners claim that their technical psychological tests were administered on
December 26, 1997, and that they were not informed of the results.
15.
The petitioners also allege that in the days that followed, they
received telephone calls from Ministry authorities to pressure them into tendering
letters of resignation. They claim that they reported these incidents to the Minister of
Economy and Finance and to the Ombudsman’s Office.
16.
The petitioners allege further that on December 31, 1997, by circular
065-97-EF/43.40, they were told that they had not passed their academic and
psychological evaluations. The petitioners allege that these grades were tampered with
and that the final grade was arrived at by assigning double weight to the psychological
evaluation, a fact of which the petitioners were unaware.
17.
With that background information, the petitioners contend that by
Ministerial Resolution 234-97-EF/10, dated December 31, 1997, they were dismissed on
the grounds that they were redundant staffing, which they were notified of on January
8, 1998. The termination had allegedly taken effect on January 2, 1998, prior to the
date on which the petitioners were notified of the decision. They indicate further that
3