to notify the parties and proceed to the analysis of the merits of the alleged violations
of the rights to a fair trial (Article 8) and to judicial protection (Article 25), recognized
in the American Convention, in relation to the general obligation to respect and ensure
the Convention protected rights, established in Article 1 thereof, and the duty to adopt
domestic legislative measures, established in Article 2. The IACHR also decides to
order the publication of the present report and its inclusion in the Annual Report.
II.
PROCEEDINGS BEFORE THE COMMISSION
5.
On May 8, 2002, the Commission received a petition lodged by Gloria
Nila Amabelia Moreno Cueva and another 14 former employees of the Ministry of the
Economy and Finance (MEF). On August 13, 2002, January 9, 2004 and October 26,
2004, the petitioners supplied additional information relevant to their petition. The
IACHR forwarded the petition to the State on April 22, 2005, and gave it two months
to present whatever observations it deemed pertinent.
6.
On August 24, 2005, the State asked the IACHR to grant it an
extension on the time period for presenting its observations. On September 1, 2005,
the Commission gave the State a one-month extension for submission of its
observations. On October 4, 2005, the State presented its position on the complaint
that the petitioners had lodged. On December 29, 2005, the petitioners presented
their observations on the State’s position, which the IACHR forwarded to the State on
February 6, 2006. On February 14 and August 15, 2006, the petitioners filed
additional observations which were then forwarded to the State by notes of March 23
and September 5, 2006.
7.
On April 10, 2007 the petitioners asked the IACHR to adopt a decision
on the petition’s admissibility, pursuant to Article 37 of the Commission’s Rules of
Procedure. On May 2, 2007, the Commission informed the petitioners that it was
taking note of the information supplied, which would be entered into the case record
for the corresponding purposes.
8.
By a communication received at the Commission on October 19, 2007,
the petitioners expressed their willingness to arrive at a friendly settlement with the
State on the matter at issue in their petition. On January 14, 2008, the Commission
asked the State to provide whatever observations it deemed pertinent within one
month’s time. On February 15, 2008 the State requested an extension to present its
observations. On the February 20, 2008 the IACHR granted an extension of the
allowed period as requested by the State.
9.
With a note dated January 15, 2008 the IACHR forwarded to the State
the communication from the petitioners received by the Executive Secretary on
November 30, 2007.
10.
Through communication dated January 11, 2008 the petitioners
requested that the IACHR grant them a hearing during the 131° ordinary session. On
February 20, 2008 the IACHR informed the petitioners that due to the high number of
requests, it would not be able to grant the requested hearing.
11.
On March 3, 2008 the State presented its observations, which the
IACHR then forwarded to the petitioners through communication dated March 11,
2008. On May 12, 2008 the petitioners supplied additional information which was
forwarded to the State on May 15, 2008.
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