90.
March 27, 2003, saw the publication in the Official Gazette El Peruano of Ministerial
Resolution No. 059-2003-TR, containing the second list of irregularly dismissed former employees.96 All
except 10 of the alleged victims97 were included on the list.98 Those 10 remaining individuals99 were included
on the third list.100
91.
According to the petitioners' July 2011 communication, 25 of the alleged victims signed new
employment contracts with the Ministry of Education and six others received compensation.101 The other
eight victims would not appear to have received any benefits.102 The IACHR notes that Mr. Manuel Paiba, who
is included in this last group of alleged victims, obtained a contract at the Ministry of Education in 2014,
outside the scope of Law 27803.103
VI.
LEGAL ANALYSIS AND CONCLUSION
92.
The Commission highlights that the substantial aspect of the analysis focuses on determine
whether the alleged victims, after being ceased, had the possibility to access to an adequate and effective
judicial remedy in order to challenge their dismissals pursuant to the American Convention’s standards. In
that sense, the IACHR will not determine whether the dismissals of the workers were arbitrary; it will analyze
the judicial response of the domestic courts against the alleged violations of their rights.
A.
Right to a fair trial and judicial protection (Articles 8(1) and 25(1) of the American
Convention) in conjunction with the obligations to observe and ensure rights and to
adopt provisions under domestic law (Articles 1(1) and 2 of the American
Convention)
93.
The provisions of the American Convention referred to in the title above provide as follows:
Article 8.1 Right to a Fair Trial
Every person has the right to a hearing, with due guarantees and within a reasonable time,
by a competent, independent, and impartial tribunal, previously established by law, in the
substantiation of any accusation of a criminal nature made against him or for the
determination of his rights and obligations of a civil, labor, fiscal, or any other nature.
Article 25.1 Judicial Protection
Everyone has the right to simple and prompt recourse, or any other effective recourse, to a
competent court or tribunal for protection against acts that violate his fundamental rights
recognized by the constitution or laws of the state concerned or by this Convention, even
96
Annex
70.
Ministerial
Resolution
http://www.mintra.gob.pe/mostrarContenido.php?id=196&tip=9
No.
059-2003-TR.
Available
at
:
97 Dorina Reyes, Manuel Coz, Ermith Trigoso, Luis Arditto, Víctor Montalván, Blanca Ayala, Margarita Ávalos, Fernando
Valdivia, Ernesto Arauco, and Frida Ramírez.
98
Annex
70.
Ministerial
Resolution
http://www.mintra.gob.pe/mostrarContenido.php?id=196&tip=9
No.
059-2003-TR.
Available
at
:
99 Dorina Reyes, Manuel Coz, Ermith Trigoso, Luis Arditto, Víctor Montalván, Blanca Ayala, Margarita Ávalos, Fernando
Valdivia, Ernesto Arauco, and Frida Ramírez.
100
Annex 71. Available at: http://www.mintra.gob.pe/archivos/file/ceses/3era_Lista_MTPE.pdf
101
Annex 72. Petitioners' communication of July 16, 2011.
102 Blanca Ayala, Villy Cancino, Eloy Huapaya, Cristina Molina, Manuel Paiba, Gregorio Paredes, Frida Ramírez, and Ermith
Trigoso. They did not choose any of the benefits. Annex 73. Petitioners' communication of July 16, 2011.
103
Annex 74. Petitioners' communication of December 5, 2013. State’s communication of June 26, 2013.
18