6
10.
That, afterwards, the common interveners and the State informed about the
establishment, by means of the Supreme Decree of July 19, 2008, of a Special Evaluation
Commission (hereinafter, the “CEE”), formed by five members elected by the State. This
decree set aside the proceeding that was being conducted up to that date and granted a
renewable term of 90 days to determine whether the employees were dismissed in a regular
and justified manner from the Congress of the Republic or, otherwise, to establish the
respective legal consequences, pursuant to the terms of the Judgment. On July 24, 2008
the common interveners informed the Court that they considered that the decree
constituted a non-compliance with the Judgment and requested the Court to intervene in
the situation.
11.
That the CEE was set up and met, for the first time, on August 4, 2008. It began
working with the request from the Congress of the Republic regarding the forwarding of the
personal files of the 257 victims, as well as the procedural excerpts of the administrative
and judicial records processed. Upon the expiration of the period of 90 days, the CEE had
not made any determination as to the dismissals of the victims; therefore, by means of the
Ministerial Order N° 0646-2008-JUS of December 4, 2008, the State extended the period
granted to the CEE for 90 business days. By expressing their disagreement, the common
interveners requested the Court to convene a hearing on that respect.
12.
That, by means of letter of April 2, 2009, the President of the CEE convened the
common interveners to a meeting with the members of the CEE, to be held on April 8, 2009,
to "give [them] the possibility to learn about the observations and considerations related to
the collective dismissals". According to said letter, during the meeting, the common
interveners would have fifteen minutes to present their observations. The common
interveners expressed their disagreement with the establishment and procedure of the CEE
upon considering that said body did not comply with the terms of the Judgment and stated
that, given the lack of duly notification, they could not attend the meeting.
13.
That on April 16, 2009, the CEE issued a resolution by which it decided to declare, in
a final and binding manner, that the 257 victims named in the Judgment of the Court were
dismissed in an irregular and unjustified manner from the Congress of the Republic. In that
resolution, the CEE evaluated several methods of reparation: it considered that “it is not
actually possible for all or some of the former employees, who were irregularly dismissed, to
be reinstated into a position at the Congress of the Republic” due to several reasons,
including the fact that the current Congress is a single-chamber parliament, in contrast to
the bicameral Congress that existed at the time of the dismissals, as well as the uncertainty
of the availability of the budget of the Congress and the vacant posts therein. It also
considered and ruled out the options to an early retirement pension and the retraining of
employees; the first one because “it would be necessary to make certain modifications in
the legislature, which falls outside the competence of this Special Commission”; and the
second one, because “the implementation of […] training programs depend on the
negotiations of agreements with Universities or Institutes, which due to the promptness, is
not adequate for a prompt and effective compensation" Therefore, the CEE determined in its
resolution that each victim was entitled to a financial compensation of two basic minimum
wages in force at the time of said resolution for each complete year of services rendered,
ordering that the wage would be, in no case, lower than the salary of three years of service.
This amount "was agreed upon based on recent rules that compensate irregular dismissals
conducted in the 90s [...] taking into account the characteristics of years of services of the
employees dismissed from the Congress of the Republic”. In the same resolution, the CEE
established a term of 15 days for the Legal Defense Council of the State to appoint a body
to enforce the payment and it also set a non-renewable term of 90 business days for that
body to comply with the payment of the compensations.
14.
That the common interveners expressed that the establishment of the CEE and the