-78204(95) On October 26, 1998, the Office of the Ombudsman of Peru issued a report
called “Non-compliance with Judgments by the State Administration”, in which it
included recommendations to State agencies urging compliance with court orders.150
204(96) On July 16, 2003, Ministerial Resolution No. 238-2003-PCM was issued,
creating a commission to study and prepare technical and regulatory proposals with
a view to contributing to the compliance with judgments by the State administration.
Said commission was composed by representatives of the Presidency of the Council
of Ministers, the Ministry of Justice, the Ministry of Economy, the Superintendence of
National Assets and the Office of the Ombudsman. It was set up on July 31, 2003
and completed its report on October 24, 2003. Said commission informed that there
were over five hundred judgments pending compliance by various agencies of the
Executive Branch, without including local governments.151
COURT COSTS AND EXPENSES
204(97) The alleged victims and their representatives conducted various processes
and proceedings in their endeavors to obtain the enforcement of the appeal for legal
protection orders issued in their favor and disbursed expenses generated by having
resorted to the Inter-American System for the Protection of Human Rights.
IX
VIOLATION OF ARTICLES 25 AND 8 OF THE CONVENTION REGARDING ARTICLE 1(1)
(RIGHT TO JUDICIAL PROTECTION AND RIGHT TO A FAIR TRIAL)
Argument by the Commission
205. The Commission did not allege violation Article 8 of the Convention. As regards
the alleged violation of Article 25(2)(c) of the Convention, in relation to Article 1(1),
the Commission stated that:
a)
the State did not comply with the final judgments rendered by the
Peruvian courts ordering: a) the reinstatement of the workers dismissed by the
Municipality of Lima following a call for certain periodic assessments and
evaluations that were not duly published and which were designed as a means
of dismissing staff members, with disregard for public service career
conditions; b) the Municipality of Lima to reinstate those workers who were
dismissed by for participating in the strike organized by the union, which was
declared illegal, or those dismissed as a result of the winding-up of Lima
Municipal Services Corporation (ESMLL); c) the Municipality of Lima to pay
back to said workers the salaries, allowances, bonuses, and other employee
benefits, owed them under the collective bargaining agreements entered into
with the union between 1989 and 1995; d) to set aside administrative
150
Cf. Report by the Ombudsman on “Non-compliance of judgments by the State Administration” of
October 26, 1998 (file of appendixes to the submission of comments by the common intervener submitted
on January 4, 2006, Appendix 5(22), folio 7067).
151
Cf. Amicus curiae Brief submitted by the Ombudsman of Peru on April 28, 2005 (file of
preliminary comments, and merits, reparations, and costs, Volume V, folios 1140, 1142 y 1146).
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