-97order of December 10, 1997, they should be paid the amounts corresponding to the
reductions made on their wages for the months effectively worked during year 1996,
before their dismissal. Likewise, there could be some workers that, due to dismissal or
other reasons, left their jobs at the Municipality but did not obtain a court order
judgment directing their reinstatement, and who had also been subjected to the
provisional compensation schedule pursuant to Mayoral Resolution No. 044-A-96 of
January 17, 1996.
264. As stated in the foregoing considerations, the State has partially complied with
the order of amparo issued by the Tribunal Constitucional (Constitutional Court) on
December 10, 1997 and compliance therewith is pending in relation with some of the
beneficiaries, thereby incurring with them in an unwarranted delay of over eight years
regarding compliance with said final order of amparo.
265. The Court has not sufficient nor adequate evidence to determine who are the
SITRAMUN members regarding to whom compliance with the abovementioned court
order of December 10, 1997 is still pending. This should be determined by the
domestic judicial court seized with the enforcement of the judgment.
D.2)
Compensation Benefits
266. In the judgment rendered on November 18, 1998, the Sala Corporativa
Transitoria Especializada de Derecho Público (Corporate Provisional Chamber
Specializing in Public Law)) (supra paras. 204(60) and 204(61)) decided that the
Municipality of Lima had to comply with the collective bargaining agreements entered
into with the SITRAMUN between the years 1989 and 1995 and which have a direct
impact on compensations, bonuses, allowances, and other benefits of workers; to pay
the workers who were members of said union, the amounts owed them between 1992
and 1995 for said compensations and benefits; and to pay them the monthly wages
not paid between September and December 1995. In its closing written arguments,
Peru stated that said judgment “is in the process of being enforced” before the 1º
Juzgado Especializado en lo Civil de Lima (First Court Specializing in Civil Matters of
Lima), that “several orders [would have been] issued in connection with the
enforcement of the judgment” and it also submitted some documentation related to
one of the items directed in such judgment, consisting in the order to pay workers the
lost monthly wages corresponding to the period extending from September to
December 1995. In the same direction, two of the sworn statements submitted to this
Court included a statement made by the alleged victims according to which, in 2003,
the Municipality started paying them part of the outstanding debt corresponding to
the months of October, November and December 1995, which was fully paid to one of
them. (supra paras. 187 and 204(62)).
267.
Likewise, the State expressed that said judgment is at the enforcement stage
of proceedings and, therefore, “no non-compliance has occurred.”
268. In this respect, the Court has verified that effectively, on November 17, 2004,
the court seized with the judgment enforcement proceedings issued an order relative
to the determination of the members of the SITRAMUN that are beneficiaries of said
judgment (supra para.204(63)). Besides, the Court notes that the State itself has
admitted that in the judgment enforcement proceedings an “excessive delay” has
occurred due to the observance of “legal procedures”.
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