of this, in August 2003, ten of the alleged victims were rehired, 5 as were nine others in
August 2004.6
18.
The
petitioners
say
that
despite
the
aforementioned
acknowledgements of responsibility in the domestic system, the alleged victims did not
receive comprehensive reparations for damages. They say that the alleged “rehiring”
of 19 of the alleged victims did not produce the necessary legal effects to be
considered reparations, since they were engaged as new hires, which did not allow
them to recover their labor rights, including total years of service in the position, post,
functional level, remuneration, and vacation days for seniority.
19.
The petitioners indicate that the State’s attempts to provide
reparations to some of the petitioners while the Commission was processing the case
in no way affected the Commission’s competence to continue hearing the case. On the
contrary, the petitioners maintain that those efforts constitute recognition of the
violations. They claim that the State’s opportunity to provide reparations to the alleged
victims through its own means was when the alleged victims pursued and exhausted
domestic remedies before turning to the Commission. In that regard, the petitioners
disputed the State’s allegation that they had available to them the domestic remedies
set forth in Law No. 27803. According to the petitioners, “the requirement to exhaust
the so-called legal mechanisms provided for under Law No. 27803 before having
recourse to an international body is not enforceable because they are not
adjudicatory.”
20.
According to the latest information presented to the IACHR by the
petitioners, the current situation of the 25 alleged victims continuing with the
international complaint is as follows: 16 are working at the company, three are
deceased,7 two have retired,8 and four have not yet obtained any of the benefits under
Law No. 27803.9
21.
In view of the foregoing arguments of fact and law, the petitioners
requested that the Commission declare this complaint admissible based on the alleged
violations of the rights set forth in Articles 8, 9, 24, and 25 of the Convention, in
accordance with the general obligation to respect and guarantee rights set forth in
Article 1.1 and the obligation to undertake domestic legal measures pursuant to Article
2 of the Convention.
B.
Position of the State
22.
The State did not dispute or deny the arguments of fact and law
presented by the petitioners with respect to the dismissals. It focused its responses on
the actions taken by the Ministry of Labor and Job Promotion and ENAPU to rehire the
workers dismissed irregularly. In that regard, the State says that the petition should
5 Justo Esteban Azcárate Noguera, Alberto Esteban Antonio Chala, Juan Leslie Espinoza Eyzaguirre, Jorge
Federico García Farías, Ernesto Meza Vargas, José Ricardo Nolasco Milla, Cecilio Alberto Ríos Rodríguez, Isi
Antonia Rosas Meléndez, José Fermín Urcia Cruzado, Ernesto Yovera Álvarez.
6 Gloria Nelida Cahua Ríos, Víctor Acuña Dávila, Antonio Tomás Rodríguez Valdivia, Renzo Torero Lizarbe,
Marco Antonio Castro Martínez, Honorato Mayorga Blanco, Rogelio Delgado Quijano, Carlos Alberto Lizarbe
Nieto, Cesar Eduardo Bravo Garvich.
7 Abraham Cano Rebaza, Nancy Mac’Gregor Alvis, and Fernando Padilla Cancino.
8 Eduardo Rivadeneyra Alva and José Fermín Urcia, who were hired back in August 2003 and retired on May
10, 2007 because they had turned 70.
9 Gladys María Delgado Arriola, Rufino Ysique Reque, Juan Carlos Marraguera Ayllon, and David Desiglioli
Sánchez.
5