14 accepted by the State in its acquiescence, so the Court considers they are “proven facts.” The political and trade union activities of Pedro Huilca Tecse in Peru 60(1) Pedro Huilca Tecse was born in Cusco, Peru, on December 4, 1949. 60(2) From a very early age, he began working as a construction worker and, at 19 years old, he was already a branch leader of his trade union; shortly afterwards, he was elected Secretary General of the Cusco Departmental Branch. 60(3) From 1976 to 1978, the alleged victim was the Secretary General of the Workers Departmental Federation of Cusco. Subsequently, and for 12 consecutive years, he was the Secretary General of the Peruvian Civil Construction Workers’ Federation (hereinafter “FTCCP”). 60(4) As of 1981, Pedro Huilca Tecse held different position in the leadership of the Peruvian General Confederation of Workers (CGTP), until he was elected Secretary General of this Confederation at its tenth National Congress held in March 1992. Previously he had been Secretary General of the Latin American Federation of Construction Materials and Wood Buildings Workers (hereinafter “FLEMACON”) and a member of the Board of Directors of the Banco de la Vivienda [Housing Bank] and of the Peruvian Social Security Institute, representing the workers. 60(5) Pedro Huilca Tecse’s willingness to enter into dialogue and find consensus allowed him to have fluid communications with the directors of the Peruvian Construction Chamber (hereinafter “CAPECO”), the Confederation of Private Sector Business Institutions (hereinafter “CONFIEP”) and different governmental authorities. Financial and labor policies in Peru from 1990 to 1992 60(6) Alberto Fujimori was elected constitutional President of the Republic of Peru in 1990. 60(7) In November 1991, Legislative Decree No. 728, entitled “Employment Promotion Act” was enacted, modifying labor relations subject to the private sector regime, with regard to individual employment relations. 60(8) On April 5, 1992, the President of the Republic, Alberto Fujimori, enacted Decree-Law No. 25,418, setting up an emergency and national reconstruction Government. This Government dissolved Congress and took over the Judiciary and the Attorney General’s Office (Ministerio Público). 60(9) In this context, the members of the Colina Group, composed of members of the Army, committed a series of human rights violations as part of the counterinsurgency policy that included the elimination of individuals who were perceived to be against the regime. 60(10) In June, 1992, Decree-Law No. 25,593, known as the “Collective Labor Relations Law”, was enacted; it concerned freedom of association, collective bargaining and strikes. The law allowed labor intermediation; namely, the so-called “services”; it curtailed the right to form trade unions, it allowed fixed term or

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