petitioners submitted additional information. On August 13, 2007, the IACHR informed
the parties that, as of that date, its involvement in trying to reach a friendly settlement
agreement had concluded. Also on that date, the Commission asked the State to
provide any comments it deemed appropriate, within one month.
8.
In communications dated September 18 and October 3, 2007, the
petitioners submitted additional information, for which the IACHR acknowledged
receipt and transmitted a copy to the State for its file.
9.
In a communication dated January 7, 2008 the petitioners requested
that the IACHR convene a hearing on the referenced petition during the Commission’s
131st period of sessions. In a communication dated February 15, 2008, the IACHR
informed the petitioners that due to the large number of hearings requested it would
not be possible, for the moment, to grant the requested hearing.
III.
A.
POSITION OF THE PARTIES
Position of the petitioners
10.
The petition said that the 28 initial and 25 current alleged victims
were former workers at Empresa Nacional de Puertos S.A. (ENAPU) who were
dismissed under a special program to promote private investment that was based on a
legal norm that was not in effect at the time it was applied. The petitioners indicated
that this irregular dismissal procedure violated their right to due process and denied
them ab initio the opportunity to challenge that measure administratively. The
petitioners allege that, having appealed to domestic courts, they did not obtain any
type of judicial protection, because the administrative and judicial authorities’ lacked
independence and impartiality.
11.
Specifically, the petitioners allege that on November 23, 1992, the
Executive Branch, under then-President Alberto Fujimori, issued Decree-Law No.
26120, amending the Law to Promote Private Investment in State-owned Companies.3
Article 7 of that decree authorized, with the agreement of the Privatization Commission
and via Supreme Decree, that all measures be taken for economic, financial, legal, and
administrative restructuring—including streamlining staffing—at the companies
involved in the private investment promotion process set forth in the Law to Promote
Private Investment in State-owned Companies. According to the petitioners, that law
violated the workers’ right of defense and right to equal protection because the
dismissals made under that decree failed to implement the legal norms on collective
dismissals set forth in the Job Training and Promotion Act. 4
12.
Subsequently, on July 18, 1995, the petitioners claimed that Law No.
26513 was passed, amending the Job Training and Promotion Act, specifically to create
a new procedure to regulate collective dismissals. They maintain that with this
amendment the provisions of Decree-Law No. 26120 were tacitly repealed, since Law
No. 26513 stated that “any other provisions contradicting this law” were repealed.
13.
According to the petitioners, even though Decree-Law No. 26120 had
already been repealed, on January 19, 1996 the Executive Branch issued Supreme
Decree 003-96-PCM authorizing ENAPU’s Board of Directors to implement a plan to
3 Legislative Decree No. 674.
4 Legislative Decree No. 728
3