-2American Convention, in relation to the general obligation set forth in Article 1(1)
(Obligation to Respect Rights) therein. The facts stated in the application refer to the
alleged non-compliance with the judgments rendered between 1996 and 2000 “by
the Judges of the city of Lima, the Corte Superior de Justicia de Lima (Supreme
Court of Justice of Lima) on appeal” and the Tribunal Constitucional del Perú
(Constitutional Court of Peru) on an amparo for legal protection. According to the
Commission, said judgments ordered the Municipality of Lima to “reinstate the
workers [of the Municipality] dismissed on the grounds of having failed to attend or
to pass the examinations convened by the municipality, [...] the individuals
dismissed on the grounds of having participated in the strike organized by the union
and which had been declared illegal[, and] the individuals dismissed as a result of
the winding up of the Empresa de Servicios Municipales de [Limpieza de Lima]”
(Lima Municipal Cleaning Services Corporation) (ESMLL). Likewise, according to the
Commission, compliance was pending on the orders directing “that said workers
were to be paid compensations, bonuses, allowances, incentives, and other benefits
acknowledged in the agreements signed with the union between [1989 and 1995],
[…], nor have the premises of the union been surrendered to the workers […] and
[…] the plots of land in La Molina which were donated to the union for a housing
program have not been adjudicated and registered […].” In submitting the case, the
Commission stated that “it expresses its satisfaction over the State’s
acknowledgment of its international responsibility for having failed to observe the
orders rendered by its judges, but in light of the persistent non-compliance by the
State with the recommendation included in the report on the merits, the vain
attempts […] to reach a friendly settlement and the creation of several commissions
for such purpose that have failed to achieve effective results, the Commission has
decided to submit the […] case [to] the jurisdiction of the Honorable Inter-American
Court.”
3.
Likewise, the Commission asked the Inter-American Court to order the State,
under Article 63(1) of the Convention, to adopt the specific reparation measures
detailed in the application. Lastly, the Commission requested the Court to order the
State to pay costs and expenses arising from the processing of the case in domestic
legal proceedings and in proceedings under the Inter-American System.
II
JURISDICTION
4.
The Court has jurisdiction to hear the instant case pursuant to Articles 62 and
63(1) of the Convention as Peru has been a State Party to the American Convention
since July 28, 1978, and accepted the contentious jurisdiction of the Court on
January 21, 1981.
III
PROCEEDING BEFORE THE COMMISSION
5.
On January 13, 1999, the Inter-American Commission received a petition
filed by the representatives of the workers.
6.
On June 9, 1999, the Commission held itself available to the parties in order
to try and reach a friendly settlement.