15
59.
This group includes the judgment of December 10, 1997 9 and November 18,
10
1998, referring to the enforcement of collective bargaining agreements. Regarding
to these two judgments, in paragraphs 265 and 270 of the Judgment of February 7,
2006, the Court adopted similar solutions regarding the determination of the victims
when it established that, due to the lack of sufficient and adequate evidence
necessary to determine who are the SITRAMUN members-beneficiaries of said
judgments, the domestic judicial authorities with jurisdiction to enforce said
judgments must adopt a final decision to that respect. Thus, the schedule of victims
attached to the Judgment of the Court does not list the name of any person related
to those judgments, as the domestic decision is still pending.
60.
Based on the foregoing, the Court concludes that the list of victims included in
the Judgment of February 7, 2006, is not a closed list because, according to the
provisions of paragraphs 265, 270 and 259 of the instant Judgment and the
language of the paragraphs above, the judicial determinations of the victims referred
to in paragraphs 48, 49, 52, 53, 57, 58 and 59 of the instant Judgment are still
pending.
2)
Request for inclusion of victims
61.
The Court has verified that the requests for interpretation seek the inclusion
of certain persons as victims of the Judgment of the Court of February 7, 2006 and,
in support of such request, copies of several dismissal orders have been attached
(supra paras. 30 and 31). The Court finds that the request for inclusion of victims is
related to the enquiries on the scope of the issues concerning the determination of
victims, which were analyzed in previous paragraphs and to which it hereby refers.
62.
Furthermore, in one of the requests for interpretation, petitioners request the
inclusion of Thomas Ccahuancama-Ccerhuayo as beneficiary of the judgment issued
by the Sala de Derecho Público (Public Law Chamber) on September 23, 1998. In
this regard, the Court has proven the arguments asserted by the representatives in
their request for interpretation, in the sense that said judgment of September 23,
1998 mistakenly failed to include the above-named worker as beneficiary and that
said failure was cured by Order of October 13, 1998 issued by the Sala de Derecho
Público (Public Law Chamber) establishing that said individual is a plaintiffbeneficiary of the judgment of September 23, 1998.
63.
At the time of its Judgment of February 7, 2006, the Court was not
acquainted with the above-referred mistake and the amending order, despite said
order was issued on October 13, 1998. In relation to the request for inclusion of
Ccahuancama-Ccerhuayo as beneficiary filed with the Court, according to the
provisions of Article 67 of the Convention, the Judgment of the Court is final and the
Court lacks powers to make amendments regarding the victims based on said order
of October 13, 1998, that did not form part of the body of evidence weighted at the
time the Judgment was delivered.
64.
Based on the foregoing, the Court concludes that the above-mentioned
requests for inclusion of victims implicitly include a claim for amendment of facts
deemed proven in the Judgment of the Court, which is, in turn, incompatible with the
9
Issued by the Constitutional Court of Peru.
Issued by the Sala Corporativa Transitoria Especializada de Derecho Público (Corporate
Provisional Chamber Specializing in Public Law).
10