retirement;108 three persons did not choose a type of benefit,109 and one person requested
redeployment.110
132. With respect to the persons who had not joined the Special Benefits Program, the
State indicated that this was because a) they did not request to be listed in the National
Registry; b) their request was rejected by the Executive Commission because they were not
entitled to join the Program; c) their request was rejected because they did not present any
administrative or judicial claim against Supreme Resolution 028-2009-TR; d) after being
rejected, they presented claims but not within the period designated for such act, or e) they
were not entitled to join the Program.
B.2 Considerations of the Court
133. The Court recalls that the subsidiary nature of the international jurisdiction implies
that the system of protection created by the Convention is not a substitute for national
jurisdictions, but rather a complement.111 The State, thus, is the principal guarantor of rights
of the individual so that, if there is an act that violates such rights, it is the State that must
resolve the matter domestically and, if appropriate, repair it before having to respond before
international bodies.112
134. In addition and in view of the principle of complementarity, the Court has pointed out
that, in order to declare the inadmissibility of the reparations requested of the Court, it is
not sufficient that the State recognize that these have already been granted or may be
granted through administrative or judicial measures domestically, but rather an assessment
must be made to decide whether the State effectively repaired the consequences of the
measure or situation that caused the human rights infringement in a specific case, whether
the reparations are adequate, or whether there exist guarantees that the domestic
mechanisms of reparation are sufficient.113 Consequently, it is not sufficient to argue that
access was given to a domestic mechanism to repair the human rights violation of the
irregular dismissals or that such mechanism is available to meet future claims, but rather
the State must present clear information on how, should it be found to owe reparations, the
domestic mechanism would be an effective means to repair the alleged victims, with the
108
The 19 persons are: 1. César Alfredo Andavisa Montero; 2. Elsa Ofelia Dávila Ames; 3. Doris Bertha Franco
Flores de Cabrada; 4. María Luz Hinostroza Hurtado; 5. Amparo Aurea Medianero Mena; 6. Maritza Málaga
Calderón; 7. Yolanda Nuñez Patiño de Camac; 8. Alberto Nery Rioja Ordóñez; 9. Bertha Jesús Saco Costa; 10.
Jorge Eleodoro Santibáñez Espinoza; 11. Flora Amar Cervelión; 12. Facunda Fernández Saavedra; 13.
Hortencia (f) Semino Door Valencia; 14. Graciela Enriqueta Jauregui Laveriano; 15. José Santos Mendivil Nina;
16. Ana María Poves Lizano; 17. Guty Petronila Ramos Herreta De Vega; 18. Ludecino Rivas Carrera and 19.
Blanca Sobrevilla Gonzales.
The three persons are: 1. Luisa Guerra Patiño; 2. Priscila Elizabeth Rojas Adrianzan and 3. Manuel
Amilcar Revolledo Chávez.
109
110
Cecilia Meneses Tumba.
Cf. Case of Tarazona Arrieta et al. v. Peru. Preliminary Objection, Merits, Reparations and Costs. Judgment
of October 15, 2014. Series C No. 286, para. 137 and Case of Vera Rojas et al. v. Chile, supra, para. 138.
111
112
Cf. Case of Acevedo Jaramillo et al. v. Peru. Interpretation of the Judgment of Preliminary Objections,
Merits, Reparations and Costs. Judgment of November 26, 2006. Series C No. 157, para. 66 and Case of Vera
Rojas et al. v. Chile, supra, para. 138.
Cf. Case of the Santo Domingo Massacre v. Colombia, para. 143 and Case of the Dismissed Employees
of Petroperú et al. v. Peru, supra, para. 208.
113
36