-84-
209. As regards the alleged violation of Articles 25 and 8 of the Convention,
concerning Article 1(1) thereof, the State pointed out that:
a)
in the Peruvian legal system there is no procedural mechanism that
allows a civil servant to seek relief for wrongful or unfair dismissal. “That is
why individuals resort to the amparo for legal protection;
b)
“in most cases, the judgments of which non-compliance is asserted
result from fraudulent proceedings, conducted by judges that, under the
dictates of the SIN (Servicio de Inteligencia Nacional (National Intelligence
Service)), sustained complaints that lacked merit.” “Consequently, the State
[…] does not recognize legal validity, binding effect, or enforceability to
judgments rendered under such circumstances;”
c)
the State “reaffirms its manifest willingness to solve those cases in
which, under domestic law, it has been proven through honest proceedings
and autonomous and impartial commissions.” Autonomous commissions have
been created, formed by independent representatives “with virtually decisive
participation of the three main trade unions of Peru” and of the Office of the
Ombudsman, which have reviewed all reported cases. “There is on record a
large No. of former employees of the Municipalidad Metropolitana de Lima
(Metropolitan Municipality of Lima), whose dismissals, in the commissions’
opinion, were irregular.” The State acknowledges and defers to these
conclusions, and will proceed to provide the appropriate relief, according to the
terms prescribed by applicable law;
d)
“the omission to challenge the resolutions constituted grounds for
rejection, something which was nevertheless overlooked by the judges who
granted the appeals for legal protection [protection of constitutional
guarantees and rights] and whose decisions are at issue in this proceeding;”
e)
the staff assessment process conducted by the Municipality was
transparent and the assessments were duly published and were backed by
express statutory authority; therefore, there was a statutory obligation to
carry them out. In order to preserve the transparency of these processes, the
Municipalidad Metropolitana de Lima (Metropolitan Municipality of Lima)
engaged the services of an independent institution to administer them: the
Universidad Particular “San Martín de Porres” (“San Martín de Porres” Private
University).” Belonging to the civil service career does not guarantee perpetual
tenure;
f)
the state outlined the reasons why, in its opinion, the collective
agreements the orders of amparo directed to enforce were ipso jure null and
void and disregarded or violated the ratified single compensation and pension
system for civil servants. In addition, it asserted that the Municipality of Lima
has observed and executed the decision rendered by the Tribunal
Constitucional (Constitutional Court) on December 10, 1997 and has
“proceeded to pay back, in successive stages the amounts that had been
reduced, something which, according to the judgment itself, must be done only
with respect to the “days actually worked;”
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