II.
PROCESSING BEFORE THE COMMISSION
5.
On November 11 and 12, 1998, the Commission received two
communications submitted by Mrs. Jesús Mogollón and Pablo Álvarez on behalf of 24
individuals, and by the General Secretary of SUTECASA, respectively, in which the
same facts were alleged. These communications were registered under No. P 91498. On February 19, 2002, August 16, 2002, May 30, 2003, and August 31, 2003
communications providing additional information were received from the petitioners.
6.
On January 27, 2006, the Commission forwarded to the State the
relevant sections of the petition and the later updates, asking that the State, in
accordance with Article 30(3) of the IACHR Rules of Procedure, submit the
observations it considered relevant within a period of two months.
7.
On March 24, 2006, the Peruvian State requested an extension of
this deadline, which was granted for an additional month on March 29, 2006.
8.
On May 4, 2006, the State submitted its response to the petition,
which was forwarded to the petitioners on May 22, 2006, asking them to submit the
observations they considered relevant within a period of one month.
III.
A.
POSITIONS OF THE PARTIES
The petitioners
9.
To provide background, the petitioners stated that in the context of
the policy on the privatization of state-owned companies, on April 28, 1991 the
government selected ECASA as the first company to be privatized, for which purpose
it proceeded to declare it dissolved and liquidated, forcing the resignation of more
than 4,000 workers nationally, who were dismissed after six months of severely
reduced compensation, ignoring the 90-91 Collective Agreement that governed those
workers, particularly with respect to the salary schedule. They stated that this
violation was authorized by Executive Decrees 057-90-TR and 107-90-PCM.
10.
The petitioners stated that the ECASA Liquidation Committee paid
what was governed by the 90-91 Collective Agreement and the salary schedule to
only a privileged group of workers and creditor companies, engaging in discrimination
and ignoring the Peruvian Constitution that established the priority to be given to
paying compensation and fringe benefits over any other obligation.
11.
They specified that it was against this action that SUTECASA filed an
appeal for protection of constitutional rights (amparo) and they allege that the appeal
was decided in their favor at all levels, including the Constitutional Court. They added
that at the time they submitted the petition – after seven years of litigation – the
process was in the stage at which the decision is executed but they had not obtained
payment of the “unpaid compensation” even though on February 16, 1993 the
decision on appeal favorable to SUTECASA became definitely, solidly, and inalterably
res judicata by resolution of the Supreme Court, which ordered publication of its
resolution.
12.
According to the petitioners, failure to carry out the decision has
been due to “delaying tactics,” including those on the part of official experts.
13.
The attachments provided by the petitioner indicate that the first
instance decision on appeal was dated April 22, 1991; that the second instance
decision was dated September 27, 1991; that on September 14, 1992 the Chamber