Inter-American Commission, the process was open in the Specialized Court of Public
Law, in the decision execution phase.
22.
The State related that at this phase of the execution of the decision,
the court ordered that expert analysis be performed in order to establish whether
between May 1990 and April 1991, ECASA had complied with the increases
contemplated in the Collective Agreement signed by SUTECASA for that period. It
mentioned that the expert testimony was issued on September 6, 1998, concluding
that Decrees 057-90-TR and 107-90-PCM were not applied to the members of
SUTECASA and that the analysis had not been able to determine the existence of
amounts due in their favor. It added that this expert testimony was approved by the
Chamber for Public Law on December 18, 1998, that on January 14, 1999 the Court
of Public Law declared the appeals process complete, and that this final decision was
confirmed by the Chamber of Public Law on February 12, 1999 after ruling on the
appeal filed by SUTECASA.
23.
According to the State, this decision indicates “that the declarative
legal question that is the subject of the appeal for constitutional protection had been
converted into a question of fact and a claim to payment, and that if the complainants
felt that ECASA did not pay them the amount to which they felt they were entitled,
given the inapplicability of the aforementioned Executive Decrees that are the subject
of the complaint, they had sought to enforce the payment of compensation owed,
leaving unharmed the right of the Union members to demand that this be done in
the appropriate manner and using the appropriate means.”
24.
The State argued that the decision on the constitutional appeal cannot
be enforced for purposes of payment, since an ordinary process should be conducted
first so that a judge can rule that a debt exists, on the amount thereof, and who is
obligated to pay it. The State emphasized that the subject of the constitutional appeal
process was the applicability of Decrees 057-90-TR and 107-90-PCM, so that
enforcement was exhausted by ordering and confirming that inapplicability, which
was clearly seen in the expert testimony in the process of executing the decision.
25.
The State added that on December 31, 2003 SUTECASA filed a
Proceeding for Enforcement of a Final Court Decision with the 13 th Labor Court of
Lima, asking that the court order the payment of 180,811,430.37 new soles to the
claimants. It specified that that proceeding concluded with the resolution of
December 7, 2004, whereby the Second Labor Chamber of Lima declared the entire
proceeding null and the complaint with respect to execution of a final court decision
inadmissible, arguing that, according to Law No. 23506, the judges of the First
Instance Court for Civil Matters are competent to hear the constitutional appeal action
and thus labor judges are not competent to hear cases with respect to the execution
of resolutions issued in constitutional appeal proceedings.
26.
The Peruvian State requested that the petition be declared
inadmissible based on the failure to exhaust domestic remedies, since although
SUTECASA “was successful in a constitutional appeal proceeding that ruled in favor
of all the workers in the union, the petitioners’ claim for payment is not possible
except through an ordinary labor proceeding.” In the State’s opinion, the petitioners
did not use the appropriate venue for filing its action to enforce its right to claim
payment. The State concluded that “it is the absolute responsibility of the petitioners
to have filed a constitutional proceeding that although ruling in favor of the
petitioners, cannot be enforced in order to bring about the payment they claim.”
27.
The State concluded that the appeal for constitutional protection filed
by SUTECASA concluded after having been handled according to the law and adhering
to the rules of due process. In addition, the State indicated that the facts reported