9
Judgment of the Court, and whose rights are protected by said
Judgment;
iv.
Consistent with paragraph 248, whereby the Court stated that
the beneficiaries of the Judgment are individuals that can be
determined, in paragraph 259, the Court states that the domestic
courts have jurisdiction to enforce the judgment and determine who
are the workers regarding to whom the partial or total compliance with
the judgments is still pending, including the Judgment of November
16, 1998. For those reasons, in paragraph 298, the Court declares the
victims taking into account that domestic courts must make certain
determinations as established in paragraph 259; and
v.
In the proceedings before the Commission, they filed copies of
several dismissal orders, but the Commission did not submit said
orders to the Court; and
b)
César Passalacqua-Pereyra and Michael Lores-Góngora (supra para.
14) argued that:
i.
The vacuums in the Judgment of the Court have been used to
adopt arbitrary orders. Owing to the fact that "the list of beneficiaries
has not been completed," domestic authorities are willing to restrict
the rights of approximately 290 individuals;
ii.
The Court should now explain its implicit statements. The Court
has expressly stated that the exhibit containing the list of victims is
incomplete and that in Peru, in compliance with judicial decisions, the
missing names should be reconsidered. Several domestic authorities
are unwilling to accept said fact; and
iii.
There are other persons that consider themselves as
“individuals that can be determined” as victims of the non-compliance
with two domestic judgments.
Arguments of the State
34.
The State argued that
a)
The lists of victims attached to the Judgment of the Court are accurate,
for the Court has already determined who the beneficiaries are. However,
there are some evident cases of persons who, in spite of being expressly
named in the lists, have not been declared victims on grounds of objectively
provable reasons, such as: workers who were not dismissed or who were
reinstated by the Municipality of Lima and maintained their status of active
workers at all times; dismissed workers who retired in 1996 and have been
receiving a pension ever since; workers who executed settlement agreements
with the Municipality of Lima whereby they expressly accepted the dismissal
and agreed to a compensation; workers who collected social benefits upon or
after dismissal in acceptance thereof; and deceased workers who stand by
their successors. To that respect, the State presented arguments and