do not indicate violations of the rights enshrined in Articles 24 and 25 of the American
Convention.
IV.
ANALYSIS OF ADMISSIBILITY
A.
Competence
1.
Competence ratione personae, ratione loci, ratione temporis,
and ratione materiae of the Commission
28.
The petitioners have standing under Article 44 of the Convention to
submit complaints on behalf of the alleged victims. The alleged victims in the case
were under the jurisdiction of the Peruvian State on the date of the alleged facts. For
its part, the State of Peru ratified the American Convention on July 28, 1978. As a
result, the Commission is competent ratione personae to examine the petition.
Although the alleged victims in the case are not individually identified, in the potential
merits phase, the Commission will consider the possible violation of rights enshrined
in the Convention with respect to individuals who successfully identify themselves as
members of SUTECASA, who were beneficiaries of the court decision that has
allegedly not been enforced.
29.
The Commission is competent ratione loci to hear the petition, in that
it alleges violations of rights protected by the American Convention that took place
in the territory of a State party to that convention.
30.
The Commission is also competent ratione temporis since the
obligation to respect and guarantee the rights protected by the American Convention
was already in effect for the State on the date on which the facts alleged in the
petition would have occurred.
31.
Finally, the Commission is competent ratione materiae, because the
petition denounces alleged violations of human rights protected by the American
Convention.
B.
Exhaustion of domestic remedies
32.
Article 46(1)(a) of the American Convention provides that in order for
a complaint filed with the Inter-American Commission to be admissible in accordance
with Article 44 of the Convention, the domestic remedies must have been attempted
and exhausted in accordance with generally recognized principles of international
law. The purpose of this requirement is to allow domestic authorities to hear the
alleged violation of a protected right and, if appropriate, to have the opportunity to
resolve the situation before it is heard by an international body.
33.
The Peruvian State filed the objection on a timely basis with respect
to a failure to exhaust domestic remedies. The argument raised by the State is
summarized as stating that although the petitioners obtained a favorable decision in
the constitutional appeal, that decision ruled on the inapplicability of the Executive
Decrees and did not include orders to pay fringe benefits. In this sense, the State
argued that the petitioners had to initiate an ordinary declarative labor proceeding
regarding the debt that, in their view, is owed to them by the State.
34.
The attachments provided by the parties indicate that as of the date
the decision in the constitutional appeal ruling in favor of the alleged victims became
final – February 16, 1993 – the respective process executing the decision began. The
Commission notes that the decision of February 12, 1999, ordered that the case be