August 22, 2007, April 13 and August 24, 2009, and April 12, 2010. On June 14, 2010, the
IACHR requested information from the petitioner as to whether the grounds for the complaint
subsisted in relation to alleged victims Luz Angélica Soria Cañas, Dusnara Amelia Campos
Ramírez and María Gracias Barriga Oré. On July 26, 2010, the petitioner sent observations on
the request made by the IACHR.
5. Petition 12.214 was received on September 20, 1999, and on October 4, 1999, it was
forwarded to the State, which was given 90 days to submit its response, in keeping with the
Commission’s Regulations then in force. On February 24, 2000, the State submitted its
response, and on July 17, 2000, October 11, 2005, August 27, 2009 and August 20, 2010 it
filed additional information. At the same time, the petitioner submitted additional briefs on May
1, 2000, May 13, 2005, January 17, 2006, December 3, 2008, January 22, 2009, June 8,
August 3 and September 10, 2010.
III.

THE PARTIES’ POSITIONS

Preliminary issue
6. In the submissions considered in this report, the State and the petitioner described a series
of decrees issued as of April 1992 which, among other measures, ordered the dissolution and
administrative restructuring of the Congress of the Republic. They indicated that by means of
administrative resolutions handed down under said decree laws, the alleged victims were
dismissed from their positions as permanent employees of the Congress. Before narrating the
parties’ positions, the IACHR considers it necessary to refer to the normative context in which
the events raised by them unfolded.
Context and normative framework in which the events alleged by the parties
unfolded
7. On April 5, 1992, then-President of the Republic Alberto Fujimori Fujimori announced a
series of measures aimed at “accelerating the process of … national reconstruction,”
“modernizing the public administration,” and “totally reorganizing the Judicial Branch.” 3 By
Decree-Law No. 25418 of April 6, 1992, Alberto Fujimori instituted the “National Emergency
and Reconstruction Government,” temporarily dissolved the Congress of the Republic,
intervened in the Judicial branch, Public Ministry, and Office of the Comptroller-General of the
Republic, and derogated several provisions of the 1979 Constitution, then in force. The
intervention of the organs of the administration of justice and other offices of the State was
carried out by occupation of their facilities by members of the Armed Forces and the house
arrest of opposition congresspersons, and high-level officials who were opposed to the break
with the constitutional order. 4
8. From April to October 1992, the National Emergency and Reconstruction Government issued
Decree-Laws Nos. 25438, 25477, 25640, and 25759, which established a “Commission to
Administer the Property of the Congress of the Republic” (hereinafter “the Administrative
Commission”), which was in charge of carrying out a “process of streamlining personnel.”
Those decrees established a reduction in staffing that included: (i) economic incentives for
resignation or voluntary retirement, (ii) relocation of workers to other government institutions,
and (iii) holding a “Process for Personnel Evaluation and Selection,” consisting of a merits
examination for ratifying the workers who did not opt for one of the two foregoing modalities.
9. Decree-Law No. 25640, adopted on July 21, 1992, authorized implementation of said
process of streamlining of legislative staff and established: “The amparo action aimed at
challenging [its] application [was] out of order….” 5 On October 13, 1992, the chairperson of
the Administrative Commission adopted Resolution No. 1239-A-92-CACL, which established the
new staffing structure for the Congress of the Republic, the rules for the merits exam, and the
3 Museum of the Congress of the Republic of Peru, Mensaje a la Nación del Presidente del Perú, Ingeniero Alberto
Fujimori Fujimori, el 5 de abril de 1992, available at the link www.congreso.gob.pe/museo/mensajes/Mensaje-19921.pdf.
4 IACHR, Report on the Situation of Human Rights in Peru, OEA/Ser.L/V/II.83 Doc. 31, March 12, 1993, para. 54.
5 Decree-Law No. 25640 of July 21, 1992, Article 9.
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