streamline staffing pursuant to Decree-Law No. 26120 mentioned above. The
petitioners alleged that this resulted in the implementation ultra activa, to the workers’
detriment, of a regulation that had already been repealed, violating the principle of
freedom from ex post facto laws established in the American Convention.
14.
The petitioners also maintain that the procedure set forth under
Decree-Law No. 26120 violated their right to due process by establishing a procedure
that did not provide for the possibility of challenging the resolution of the
administrative authority ordering the dismissal. Instead it stipulated that the
administrative labor authority simply approve the collective dismissal of the workers
without informing the other party, in opposition of the provisions of Article 82 of the
Job Training and Promotion Act. The petitioners alleged that through these actions the
principle of equal treatment was violated, inter alia, by “not providing this group of
workers the right to a defense or to challenge a decision by the administrative
authority”.
15.
With respect to the requirement that domestic remedies be
exhausted, the petitioners said that on January 31, 1996 they lodged an remedy of
amparo alleging the violation of their right to work, right to equal protection, right to
equal opportunity, right to nondiscrimination, right to protection against arbitrary
dismissal, and right to due process. On December 6, 1996, the First Civil Court in
Callao ruled that the amparo was groundless. According to the information provided by
the petitioners, the Court based that decision on the argument that the employer had
strictly enforced the law; moreover, it maintained that there were special courts for
processing and resolving labor-related cases. The Civil Chamber of the Callao Superior
Court upheld that decision in a judgment handed down on March 18, 1997. The
petitioners claim that they then filed an extraordinary appeal to the Constitutional
Tribunal, which eventually upheld the decision of the two lower courts through a
judgment dated March 3, 1998.
16.
The petitioners also maintain that since 2001 the State had
recognized its responsibility for the facts of this case. They argue, however, that the
State’s recognition of its responsibility had not translated into actual reparations for
the rights violated. Thus, the petitioners say that the January 2, 2002 Final Report of
the Special Commission on Collective Dismissals, mandated by Law No. 27452 and
chaired by the Ministry of Labor, stated the following:
The procedure […] set forth in Article 47 of Decree-Law No. 26120, as well as all
decree-laws containing that same procedure, violated the right to due process,
by failing to allow for the workers to exercise their right to contest and right of
defense. It also violated other constitutional rights, such as right to information
and to nondiscrimination […].
17.
According to the petitioners, this recognition of responsibility was
reiterated through Law No. 27803 of July 29, 2002, which was enacted to resolve the
irregularities in collective dismissals by the government. They allege that, in fulfillment
of that law, on October 15, 2002, the Deputy Minister of Transportation and
Communications recognized, through letter 767-2002-MTC/15.02, that the petitioners
were dismissed irregularly. Consequently, the 25 petitioners were included in the
Second List of Workers Dismissed Irregularly, published on March 27, 2003. As a result
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