85.
The information available indicates that these individuals (the remaining 12 workers) were
also not included in the fourth list of irregularly dismissed workers. To date, the IACHR has no information
that these individuals have received benefits of any kind.
3.
Petroperú
86.
The third list of irregularly dismissed workers was published in the Official Gazette El
Peruano on October 2, 2004. It included 33 of the alleged victims. Of those persons: (i) three chose early
retirement88; (ii) one chose reinstatement89; and iii) 29 did not choose any benefit.90
87.
The information available indicates that the remaining 51 alleged victims were also not
included in the fourth list of irregularly dismissed workers. The Commission also has no information that this
group of persons has received benefits of any kind. The IACHR notes with respect to this group that six of the
alleged victims are retired.91 The Commission also has information that 13 of the alleged victims have died.92
4.
Minedu
88.
Ministerial Resolution No. 419-2001-ED was adopted in 2001 pursuant to Law No. 27487,
for the purpose of setting up a special committee to review the collective dismissals from the Ministry of
Education.93 In that final report, the Committee found:
Having analyzed the supporting documents accompanying the applications submitted, the
Special Committee has determined that these evaluations, in 1993 and 1996, suffered from
flaws in terms both of the instructions that were issued on each occasion and of the
procedures conducted, resulting in the irregular dismissal of the claimants.94
89.
The Special Committee held that there was "no legal impediment to the reinstatement of the
workers at the … Ministry of Education …, who were dismissed in 1993 and 1996.”95
88 Juan Echandía Ochoa, Manuel Mechado Sernaque, and Eduardo Panta Valladares. Annex 63. Petitioners’ communication of
September 6, 2013.
89
José Torres Namuche.
Luís Abad Saldarriaga, Gregorio Albuquerque Carrillo, William Jacinto Alemán 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. Subsequently, Emilio Augusto
Morales was reinstated as a result of a precautionary measure adopted on October 27, 2011. Annex 64. Petitioners’ communication of
September 6, 2013. Furthermore, Alberto Chira has reportedly retired. Annex 65. List of petitioners (undated). Annex to the State’s
communication of February 27, 2013.
90
91 Juan Benítez, Víctor Garay, and Leonarda Montero. List of petitioners (undated). Annex 66. Annex B to the petitioners’
communication of January 4, 2013. Maria Sancarranco, Oswaldo Duque, and Pedro Carrasco. List of petitioners (undated). Annex 65.
Annex to the State’s communication of February 27, 2013.
92 Neptali Aguirre, Segundo Barrientos, Gregorio Noriega, Joaquín Santillán, Ricardo Vílchez, Ana Rojas, Fredesvinda Socola,
Nolberto Vilela. Annex 67. List of 32 petitioners represented by Mr. Abraham Montero Ramírez (undated). Annex to the petitioners’
communication of January 8, 2014. Jaime Noriega. Annex 68. Petitioners’ communication of September 6, 2013. Jaime Garcés, Leyther
Quevedo, Luis Vallejo, and Felito Vitonera. List of petitioners (undated). Annex B to the petitioners’ communication of January 4, 2013.
93 Annex 69. Final Report of the Special Committee – Ministerial Resolution No. 419-2001-ED of October 31, 2001. Enclosed
with the petitioners' communication of December 20, 2001.
94 Annex 69. Final Report of the Special Committee – Ministerial Resolution No. 419-2001-ED of October 31, 2001. Enclosed
with the petitioners' communication of December 20, 2001.
95 Annex 69. Final Report of the Special Committee – Ministerial Resolution No. 419-2001-ED of October 31, 2001. Enclosed
with the petitioners' communication of December 20, 2001.
17