13
49.
The Court considers that it is clear that the final decision on the matter of who
are the workers regarding to whom the partial or total compliance with the
judgments is still pending must be exclusively adopted by the aforementioned
domestic courts. Therefore, it is not incumbent upon this Court to render a decision
on the allegations of Peru on the “evident cases of persons who have not been
declared victims” and the supporting documents (supra para. 34.a).
50.
Furthermore, this category of domestic judgments includes the judgment
rendered on July 8, 1998 referring to the dissolution of the Empresa de Servicios
Municipales de Limpieza de Lima (Lima Municipal Cleaning Services Corporation) ESMLL. The domestic court with jurisdiction to enforce said judgment determined
that it should be executed regarding to 56 workers. Such determination served as
basis for the Court to declare in paragraph 275 of its Judgment that those individuals
are the victims in the instant case of the non-compliance with the judgment of July
8, 1998. The names of those persons are listed in the schedule of victims attached to
the Judgment of the Court. The Court then provided for the way in which the State
must proceed regarding to the resolution of the motion of appeal that, at the date of
the Judgment of February 7, 2006, was still pending.
b)
Victims whose names are listed in the writ of amparo [protection of
constitutional guarantees and right] that gave rise to the domestic judgment
51.
This category includes the judgment of June 6, 1997.8 As stated by the Court
in paragraph 232 of the Judgment, in the domestic judgment the victims were not
named, instead, they were referred to as "the claimants". Thus, in order to
determine the names of the victims of the non-compliance with the above-mentioned
judgment, the Court took into account the writs of amparo [protection of
constitutional guarantees and rights] that gave rise to it. The names of those
individuals are listed in the schedule of victims attached to the Judgment of the
Court of February 7, 2006.
52.
It is necessary to highlight that the provisions of paragraphs 47 to 49 of the
instant Judgment, regarding the decisions to be adopted by the domestic courts with
jurisdiction to enforce the judgments, are also applicable to judgment of June 6,
1997, according to paragraphs 254 to 259 of the Judgment of the Court of February
7, 2006.
53.
According to what has been explained in paragraph 49 of the instant
Judgment, it is to be inferred that, at the time of the Judgment of February 7, 2006,
this Court considered that it was probable that the judgment of June 6, 1997 was
partially or totally executed regarding to the 30 persons identified as victims therein,
and whose names are listed in the schedule of victims attached to the Judgment of
February 7, 2006. Therefore, in paragraph 259 of the Judgment of February 7, 2006,
the Court established that the domestic courts with jurisdiction to enforce the
judgments must adopt a final decision on the matter of who are the workers
regarding to whom the partial or total compliance with the judgments is still pending.
In other words, said individuals are victims of the non-compliance with the domestic
judgments, but in the above-mentioned determinations, the domestic courts might
find that there are fewer persons regarding to whom the compliance with the
8
Issued by the Sala Especializada de Derecho Público (Chamber Specializing in Public Law).