-100279. No decision must be taken on the argument submitted by the common
intervener in the brief on requests and arguments as to the alleged violation of
Article 25(1) by dismissing and closing criminal complaints (supra para.207) as the
Court deems there is not sufficient evidence to sustain this issue.
*
*
*
280. This Court has established that the alleged victims or their representatives can
invoke rights different to those included in the complaint filed by the Commission,
provided they are based on the facts alleged in the complaint.169
281. The Court shall not analyze the alleged violation of Article 8(1) argued by the
common intervener for the representatives, under the terms he set it forth, since the
appeals for legal protection regarding the dismissals have already declared that due
process violations had been committed when the workers were dismissed, and such
judgments have ordered the reinstatement of the workers (supra paras. 229, 234,
242, 246 and 250); the Court not thereof.
X
26 OF THE AMERICAN CONVENTION IN CONNECTION
WITH ARTICLES 1(1) AND 2 OF SAME CONVENTION
(PROGRESSIVE DEVELOPMENT OF THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS)
ARTICLE
282.
The Commission did not state that Article 26 of the Convention had been violated.
Arguments by the common intervener
283. The common intervener for the representatives alleged that the State violated
Article 26 of the Convention, allegation that is not included in the complaint filed by
the Commission. The intervener said as follows:
a) it is necessary to introduce the international legal rules and case law
developed on this matter in order to establish the exact scope and extent of
this right, taking into account the evolution of the interpretation of
international documents and pursuant to the pro homine principle established
in Article 29(b) of the Convention;
b) the following events constitute a clear violation of the fundamental rights
established in the Universal Declaration of Human Rights, in the American
Convention on Rights and Duties of Man, in the American Convention and in
the Protocol of San Salvador: the massive dismissal of workers of the
Municipality of Lima, members of the SITRAMUN, who refused to participate in
the Staff Assessment Program or who failed the assessment; the subsequent
“irregular” imposition of a new assessment program in disregard of the law,
which resulted in a “new and massive dismissal of hundreds of workers”
members of the SITRAMUN; the dismissal of 418 SITRAMUN workers due to
the commencement of administrative proceedings against those who rejected
169
Cf. Case of Gómez-Palomino, supra note 21, para. 59; Case of Palamara-Iribarne, supra note 25,
para. 120; and Case of Acosta- Calderón, supra note 153, para. 142.
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