7
appointment of their members were unilaterally decided, without consulting them.
Moreover, they expressed their disagreement with the resolution of CEE after considering,
inter alia, that such body was totally made up by persons of trust of the State; that the
decision of the CEE was not adopted within the term established by the Court; that the CEE
did not listen to any of the 257 victims; and that the State did not establish a specific
mechanism to provide the victims with competent legal advisory services, free of charge. In
addition, they pointed out that the compensations were not established based on the
specific circumstances of each one of the persons; that the compensation ordered by the
CEE was not adequate and that it was neither according to the applicable domestic law; and
that the compensation is the same that the one proposed by the State during the public
hearing held at the merits stage of this case, which the Court had rejected. Moreover, they
argued that the resolution does not reinstate the victims into the positions they occupied
before the irregular and unjustified dismissal nor into any other position in the Congress or
public administration; it does not order the repayment of the unpaid salaries; and it does
not order the payment of a compensation to repair the irregular and unjustified dismissal.
15.
That the Commission indicated that the term for the first body established to issue a
final decision, which was of one year had expired and that the State had not complied with
the Judgment to such effect. It also noted that the State had not proposed a mechanism to
provide the victims with competent legal advisory services, free of charge. Then, the
Commission expressed its concern as to the CEE and the sudden abandonment of the
commission initially established by agreement, and asserted that there was no evidence has
been furnished in order to allow evaluating whether the CEE is an independent and impartial
body. Furthermore, the Commission observed that the CEE has made no significant
progress and that there was not a level of satisfactory compliance regarding the measures
adopted the guarantees that must exist in the proceeding and their effectiveness.
16.
That, as a result of the facts above mentioned, the Court convened the parties to a
private hearing on monitoring compliance with the Judgment, which was held on July 8,
2009 at its seat (supra Having Seen clause 14).
17.
That this Court notes that, after having agreed with the common interveners the
creation of a body, the State did not continue with that mechanism and set up, by means of
a Supreme Decree, the CEE, in order to comply with operative paragraph four of the
Judgment. Even though there was a disagreement between the victims’ representatives as
to the composition of that first commission, the State failed to satisfactorily explain the
reason why it did not continue with the procedure established by agreement. In addition,
actually, operative paragraph four of the Judgment does not order that the composition of
that body must be decided in common agreement with the victims or their representatives.
According to such provision, to guarantee to the 257 victims access to a simple, prompt and
effective recourse as a form of reparation, the State must set up a body with the
characteristics that the Court shall analyze next:
A. Independent and impartial body with powers to decide in a binding and final
manner, whether or not the said persons were dismissed in a justified and regular
manner from the Congress of the Republic.
18.
That according to the Supreme Decree of July 19, 2008 by which the CEE was set up
(supra Considering clause 10), this body has the power to "decide, in a final and binding
manner" whether the persons were dismissed in a regular and justified way, and establish
the respective legal consequences.