-95253. As explained in paragraph 227 of this Judgment, the victims of the noncompliance with eight of the orders of amparo (supra para. 250) are the persons
listed as plaintiffs in said judgments, while the victims of the non-compliance with the
judgment of November 16, 1998, are the 45 persons listed as the beneficiaries of
such judgment (supra para. 249) who are included in the list of victims attached
hereto.
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*
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Arguments on the exclusion of alleged victims from the scope of the judgments on
dismissals due to job assessments or redundancy, administrative misconduct and
participation in demonstrations and in strikes declared illegal.
254. The Court deems it important to mention certain arguments advanced by the
parties regarding the persons that must be deemed the alleged victims in reference to
the judgments on dismissals ordering their reinstatement that have been analyzed in
the preceding paragraphs (supra paras. 229 to 253).
255. In the complaint, the Commission stated that not all the persons who filed
appeals for legal protection [enforcement of the constitutional guarantee for
protection of civil rights] and were successful are alleged victims in the instant case.
As regards the judgment of June 6, 1997 (supra para. 204(15)) the Court said that 27
out of the 30 plaintiffs “executed an agreement on judgment compliance with the
Municipality of Lima” and, consequently, it did not include them in the complaint.
256. Likewise, the State has represented that, upon obtaining the order of amparo
in their favor, some plaintiffs had made out-of-court settlements with the Municipality
of Lima, and it submitted a listing certified under oath by the Asesor de la Sub
Gerencia de Personal de la Municipalidad Metropolitana de Lima (Counsellor of the
Office of the Assistant Manager for Staff Affairs of the Metropolitan Municipality of
Lima) mentioning the alleged victims that, in his opinion, should be excluded.
257. On the other hand, the common intervener has pointed out that there are “outof-court settlements […] that were executed after the pronouncement of the
judgments by the court of last resort and, pursuant to Article 334 of the Code of Civil
Procedure [,] such agreements can only be made before a judgment is issued[. …
However,] Article 339 of the Code of Civil Procedure [provides that] in those cases
where a judgment rendered becomes final and enforceable, any matter regarding
discharge of the obligation contained in the judgment agreement may be agreed
upon.” The common intervener stated he leaves: “the decision regarding this group of
[alleged] victims to the high discretion of the Honorable Court.”
258. As regards the determination of the alleged victims, in its brief filed on January
9, 2006 (supra para. 102) the Commission stated that “owing to the position the
State adopted only after filing the answer to the application”, the “evidentiary
elements” the Court has before it in order to determ the alleged victims have varied,
and therefore it concludes that “the need for a court determination of such issue has
arisen.”
259. The Court points out that documents have been submitted in order to prove
that, after the judgments were issued, various measures have been adopted to
comply with said judgments in connection with some persons. As regards this issue,
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