30.
According to the petitioners, this recognition of responsibility was
reiterated in Law No. 27803 of July 29, 2002, promulgated to resolve the irregularities
caused by collective dismissals in public administration. They also indicate that later
on August 14, 2004, the Ministry of Labor reiterated its recognition of responsibility in
official letter no. 349-2004-MTPED/DVMT, which established that the workers had had
their constitutional rights infringed upon in the collective dismissal process, as per their
allegations.
31.
The petitioners point out that as a result of these recognitions, 34 of
the alleged victims in this case were included on the Third List of Irregularly Dismissed
Workers, pursuant to the provisions of Law No. 27803. In addition, they indicate that
on October 20, 2004, the Human Rights Office of the Ministry of Foreign Relations and
the Technical Advisor of the High Office of the Ministry of Labor signed a joint opinion
addressed to the Chair of the Board of Directors of PETROPERÚ, which affirmed that:
[…] the rules in question that the PETROPERU company applied infringed on the
constitutional rights mentioned in the previous point, as well as on the precepts
established in the American Convention on Human Rights, in particular Art. 8 (on
fair trial) and Art. 24 (on equality before the law).
32.
The petitioners state that in spite of the cited manifestations
recognizing responsibility in the domestic sphere and the different proposals worked on
by the parties during the process to obtain a possible friendly settlement agreement
before the Inter-American Commission, none of the alleged victims have obtained
satisfactory reparation measures from the State, which has placed not only the alleged
victims, but also their families, in a completely defenseless situation. According to the
most recent information alleged by the petitioners, five of the alleged victims have
died waiting for reparations.8
33.
The petitioners indicate that of the 80 surviving petitioners, 34 of
them were included on the Third List of Irregularly Dismissed Workers published on
October 2, 2005. Of these, three of the petitioners opted for the benefit of early
retirement,9 two for reincorporation,10 and 29 did not select any benefit.11 Moreover,
the petitioners say that the State’s intention in providing reparations to some of the
petitioners during processing of the case before the American Commission would not in
any way affect the competence of that body from continuing to hear the matter. On
the contrary, the petitioners believe that these acts are recognition of the violations
against them. The petitioners argue the State’s opportunity to grant reparations to the
alleged victims with its own means would have been when the alleged victims filed and
exhausted domestic remedies before presentation to the international instance.
34.
Finally, during processing of the case, the petitioners have challenged
the State’s argument that the workers accepted social benefits and that this therefore
8 Jaime Garcés Sandoval, Leyther Quevedo Saavedra, Ana Rojas Flores, Norberto Vilela Jiménez, and
Fredesvinda Sócola Clavijo.
9 Juan Echandía Ochoa, Manuel Mechado Sernaque, and Eduardo Panta Valladares.
10 Federico Antón Antón and José Torres Namuche.
11 Luís Abad Saldarriaga, Gregorio Albuquerque Carrillo, William Jacinto Aleman Benitez, Sebastián Amaya
Fiestas, Jorge Cabanillas Dedios, Santos Calderón Ávila, Luís Carrasco Lozada, Alberto Chira Guerrero, Mario
Duque Mogollón, Jaime Garcés Sandoval, Pedro Carlos Garcés Solís, Gonzalo Ginocchio Guerrero, Pedro
Infante Antón, José William Jacinto Zavala, Pedro López Antón, Abraham Montero Ramírez, Emilio Augusto
Morales Silva, Miguel Hugo Morán García, Gregorio Jaime Noriega González, Ricardo Quevedo Herrera, Edwin
Quevedo Saavedra, José Félix Saavedra Medina, Catalino Sandoval Ancajima, Dionisio Sandoval Flores,
Joaquín Santillán Zavala, Luís Tavara Ramírez, Jorge Carlos Tinedo Puell, Oscar Valiente Paico, and Felito
Vitonera Saldarriaga.
8