the reorganization of public institutions that was implemented during the 1990’s.
Notwithstanding the controversy among the parties regarding alleged differences between
those cases and the case sub judice (infra para. 91), the Court considers proved the
following facts in light of the prior cases.
66. On July 28, 1990, Alberto Fujimori Fujimori was elected President of Peru for a term
of five years. As President, he temporarily dissolved the Congress in April 1992. He then
created the Commission to Administer the Patrimony of Congress (hereinafter “the
Administrative Commission”), adopted administrative measures and issued personnel
actions.42
67. The Administrative Commission initiated a “streamlining of personnel” process”43
under which the employees could resign in exchange for a financial incentive. In addition,
the Administrative Commission was mandated to initiate an evaluation and selection process
of personnel through competitive examinations. The employees who passed the
examinations were eligible to occupy positions in the new “Allocation of Personnel Table” of
the Congress and the employees who, after the examinations, did not meet the standards
to occupy the vacancies would be dismissed and would only have the right to receive the
social benefits to which they were entitled under the law.44
68. As a result of this process of evaluation and selection of personnel, two Administrative
Resolutions were adopted: 1303-“A”-92-CACL45 that, for reasons of reorganization,
dismissed the congressional staff and workers who decided not to take the competitive
examinations or who, having signed up, did not take the relevant examinations and 1303“B”-92-CACL46 that dismissed, for reasons of reorganization, the congressional staff and
workers who took the examination of qualification, evaluation and selection, but did not
resign voluntarily with incentives and who did not fill a vacancy.
69. In addition, during the time the facts of this case, a provision was included in diverse
decree-laws that barred the filing of writs of amparo to contest the effect of those norms,
which denaturalized the amparo procedure and created situations beyond jurisdictional
control.47
70. Since the installation of the transitional government in 2000, laws and administrative
provisions were adopted that ordered the review of the collective dismissals.
71. In 2001, Law 27487 was adopted that derogated the norms that authorized collective
dismissals under the reorganization process and ordered the public institutions and bodies
to establish special commissions to review the cases of dismissals. These commissions were
Cf. Case of the Dismissed Congressional Employees (Aguado Alfaro et al.) v. Peru, supra, para. 89(7).
Decree-Law 25438, published in the Official Gazette “El Peruano” on April 20, 1992.
42
Cf. Case of the Dismissed Congressional Employees (Aguado Alfaro et al.) v. Peru, supra, para. 89(9).
Decree-Law 25640, published in the Official Gazette “El Peruano” on July 24, 1992.
43
44
89(10).
45
6).
46
10).
47
Cf. Case of the Dismissed Congressional Employees (Aguado Alfaro et al.) v. Peru, supra, para.
Cf. Resolution 1303-“A”-92-CACL. Dismissal of congressional staff and workers (evidence file, fs. 3 to
Cf. Resolution 1303-“B”-92-CACL. Dismissal of congressional staff and workers (evidence file, fs. 6 to
Cf. Case of the Dismissed Congressional Employees (Aguado Alfaro et al.) v. Peru, supra, para. 89(4).
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