Law of Foundations of the Administrative Career Service. They added that the alleged victims
enjoyed the right to labor stability provided for in Article 48 of the 1979 Constitution, and that
the only grounds for their dismissal would be a grave breach established in a disciplinary
proceeding, and not a “process for streamlining personnel.”
15. It is argued that the alleged victims filed administrative appeals to challenge resolution
1303-B-92-CACL, but that neither the Administrative Commission nor the Democratic
Constitutional Congress, which was installed on December 30, 1992, ruled on those appeals. It
is adduced that the alleged victims filed amparo actions, described below, which were declared
unfounded by the Supreme Court of Justice and the Constitutional Court. The petitioners noted
that those higher courts, when they issued those judgments, were made up of judges linked to
the government. In this respect, they provided press clippings that describe the criminal
convictions and administrative sanctions imposed on former members of the Supreme Court of
Justice and the Constitutional Court for alleged bribery and collusion with then-presidential
adviser Vladimiro Montesinos. The petitioners argued that those courts were not independent
and that their members did not act impartially, especially in matters sensitive to the policies
and interests of the government of Alberto Fujimori.
16. The petitioners alleged the adoption of a Special Program of Access to Benefits through
Law 27803 does not fully cover the material and moral damages arising from the dismissal of
the alleged victims. In addition, it is indicated that the inclusion in that program is contingent
on waiving any type of judicial claim against the Peruvian State, both domestically and in
supranational forums. 9
2.
Specific arguments
José Castro Ballena, Luz Angélica Soria Cañas, Dusnara Amelia Campos Ramírez, and María
Gracia Barriga Oré (P 157-99)
17. The petitioner stated that on July 2, 1993, the alleged victims jointly filed an amparo
action seeking annulment of resolution 1303-B-92-CACL. It is indicated that said action was
declared well-founded by the 23rd Civil Court of Lima and by the Fifth Civil Chamber of the
Superior Court of Justice of Lima, by resolutions of September 30, 1993, and November 30,
1994, respectively.
18. The petitioner asserted that the legal representative (Procurador) of the Congress filed a
motion for annulment before the Constitutional and Social Law Chamber of the Supreme Court
of Justice, which considered that the respondent, reserve Colonel Carlos Novoa Tello, had not
been duly notified of the amparo action by the 23rd Civil Court of Lima. He indicated that after
the case went back to that court, to cure the error in notice, the Supreme Court of Justice
handed down a judgment of August 5, 1997, declaring the amparo action inadmissible. He
noted that on September 25, 1998, the Constitutional Court ratified the decision referred to by
the Supreme Court of Justice, and that on January 22, 1999, that decision was published by
the official gazette El Peruano. According to the petitioner, the Supreme Court of Justice and
the Constitutional Court grounded their decision on the fact that the chair of the Administrative
Commission, Mr. Carlos Novoa Tello, did no more than carry out Decree-Laws Nos. 25,477,
25,640, and 25,759, without that having affected any constitutional right to the detriment of
those filing the amparo actions.
19. The petitioner indicated that on August 1, 1995, alleged victim María Gracia Barriga Oré
was hired as a permanent staff member of the Congress of the Republic. Petitioner stated that
Luz Angélica Soria Cañas and Dusnara Amelia Campos Ramírez availed themselves of the
benefit of economic compensation provided for in Law 27803. Petitioner and alleged victim, Mr.
José Castro Ballena, stated that while he worked for 12 months in a position of trust in the
office of Peruvian legislator Luz Doris Sánchez Pinedo, from 2000 to 2002, that did not mean
he was reinstated, but rather that he was working under a temporary contract that did not
9 The fourth supplemental provision of Law 27803 establishes the following:
The irregular dismissals of those former workers who have judicial proceedings under way are covered by this law, so
long as they refrain from bringing a judicial claim.
4