-86l)
as regards the land in La Molina, “the reversion of said land was due […]
mainly to the fact that it had been subject of illicit dealings: instead of being
conveyed to their intended beneficiaries, they were transferred or sold to third
persons, who where and are not employees of the Municipality of Lima.” The
Municipality tried to ddress this situation, declaring the award of said land
terminated and reserving the land for the implementation of the municipal
housing program;
m)
as regards union headquarters, “SITRAMUN —the authentic
organization— has the possession of a piece of real estate that was provided
by the Municipality to be used in furtherance its institutional actions and
purposes.” The plaintiffs seek to have the premises located at Jirón Lampa No.
170 “transferred to the fake SITRAMUN, the non-profit organization which has
usurped the name of the union.” The State objects to such claim;
n)
in at least eight court cases mentioned in the application and part of the
subject-matter of the instant case, the enforcement of the court orders has not
been carried out exclusively as a result of non-suit by the plaintiff, that is why
said cases were closed long time ago. The Inter-American system for the
protection of human rights may not be used to enforce cases that have been
dismissed for non-suit. It is inadmissible to pursue in an international forum
what has not been timely and efficiently sought in a domestic forum. The State
requests that the persons involved in each one of the closed cases be excluded
from the list of alleged victims. In addition, case number 3010-1997, in which
the judgment of July 27, 1998 was rendered, was closed and no order was
pronounced, by way of enforcement proceedings, directing the reinstatement
of any person whatsoever. The Municipality requested that the case be
reopened in order to review the files and provide the necessary factual
elements to answer the application; and
o)
the collective bargaining agreements entered into between the
Municipality of Lima and the Sindicato de Trabajadores de la Municipalidad de
Lima - SITRAMUN-LIMA (Lima Municipality Workers Union), “do not contain a
waiver, let alone a relinquishment of the power and corresponding duty of the
Municipality of Lima to apply the relevant legal rules.” Job stability does not
imply absolute and perpetual tenure for any worker; “at the very best, it
implies a guarantee against dismissal, except on justified grounds. The
municipality has honored said commitment at all times: the dismissal of the
workers has been the result of procedures provided for and authorized by
specific legislation, or the result of participation in illegal stoppages and acts of
extreme violence against persons or property.”
Considerations of the Court
210.
Article 25 of the Convention sets forth that:
1.
Everyone has the right to simple and prompt recourse, or any other effective
recourse, to a competent court or tribunal for protection against acts that violate his
fundamental rights recognized by the constitution or laws of the state concerned or by
this Convention, even though such violation may have been committed by persons
acting in the course of their official duties
2.
The States Parties undertake:
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