4. Colorable claim
30.
For the purpose of admissibility, it pertains to the Commission to determine whether the
facts described in the petition tend to establish violations of the rights enshrined in the American Convention,
in line with the requirements of Article 47.b), or whether the petition, in conformity with Article 47.c), must
be considered inadmissible for being “manifestly groundless” or for being “obviously out of order.” The
standard for judging these two extremes is different from the one required to decide on the merits of a
petition. The Commission must conduct a prima facie evaluation, not for the purpose of establishing an
alleged violation, but rather to examine whether or not the petition reports facts that could establish grounds
for the apparent or potential violation of a right guaranteed by the Convention. This review constitutes a
summary review that does not imply any prejudgment or prior opinion on the merits of the case.
31.
Likewise, neither the American Convention nor the Rules of Procedure of the IACHR require
the petitioner to identify the specific rights that the State is allegedly violating in the case submitted to the
Commission, although the petitioners may do so. It is up to the Commission, based on the system’s case law,
to decide in its admissibility reports which provision of the relevant inter-American instruments is applicable
or could establish its violation if the allegations are proven on the basis of sufficient evidence.
32.
The IACHR finds that the facts described by the petitioners could tend to establish violations
of the rights enshrined in Articles 8 and 25 of the American Convention in connection with Articles 1.1 and 2
of the same instrument.
V.
PROVEN FACTS
33.
The four cases that are the subject of the present report are related to the issue of collective
dismissals in Peru in the 1990s. This issue arose as a result of a series of general laws that gave rise to special
standards and procedures for streamlining various state institutions. All four cases have in common the filing
of suits for constitutional relief (amparo) against the dismissals stemming from said procedures and the
negative response of the courts . In that regard, the Commission will examine the proven facts in four main
respects: (i) General context of the collective dismissals; (ii) Special procedures in each of the institutions,
their application to the alleged victims, and remedies invoked; (iii) Initiatives by the Peruvian State to provide
reparation for the collective dismissals; and (iv) Situation of the alleged victims in this case with respect to
those initiatives.
A.
General context of the collective dismissals
34.
On July 28, 1990, Mr. Alberto Fujimori Fujimori came into office as President of Peru in
accordance with the Political Constitution of 1979.8 First the Commission and then the Inter-American Court,
in the Case of Dismissed Congressional Employees (Aguado Alfaro and others) v. Peru found that, in this
framework, many irregular dismissals took place in the public sector.9
35.
On September 27, 1991, Legislative Decree No. 674 was published whereby “it was
declare(d) that promoting private-sector investment in the sphere of companies comprising the activities of
state enterprises was of national interest.”10
8 I/A Court H.R., Case of the Dismissed Congressional Employees (Aguado - Alfaro et al.) v. Peru. Preliminary Objections,
Merits, Reparations and Costs. Judgment of November 24, 2006. Series C No. 158, par. 89.1.
9 I/A Court H.R., Case of the Dismissed Congressional Employees (Aguado - Alfaro et al.) v. Peru. Preliminary Objections,
Merits, Reparations and Costs. Judgment of November 24, 2006. Series C No. 158, par. 108.
10
Annex
1.
Legislative
Decree
No.
http://www.proinversion.gob.pe/RepositorioAPS/0/0/arc/ML_GRAL_PI_DL674/10-D_L_674.pdf
6
674.
Available
at: