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to the parliamentarians, the Ombudsman, the political parties, the representatives of
the Catholic Church, human rights organizations and the public prosecutors.
The fact that she was dismissed from her employment in Congress “cut short [her]
career and [her] will to realize her full potential and advance professionally.” Since
she did not have enough money, she sought other sources of income, but “finding
herself without stable employment has been very hard and has prejudiced [her]
health. […Moreover, since she does not have] health insurance, [she has] not been
able to take proper care of [herself] and [her] physical condition is worsening.” The
bank “took away” her house, because she was unable to continue making the
monthly payments. “Believing that it was the best thing for [her] son,” she sent him
to live with her sister, and the separation was “very hard.” Finding herself without
work “affected [her] a great deal; the change in her life was very difficult [and her]
health has been affected.”
She “hope[s] for justice from the Inter-American Court” and asks that “it try and
resolve [her] problems; […] that they are given what [they] have a right to, […and]
that [their] sufferings are ended.”
f)
Luisa Chara Pacheco de Rivas, alleged victim
Following her dismissal as a congressional employee, she resorted unsuccessfully to
the administrative proceeding to demand reinstatement; she then filed a complaint
before the courts, which reached the Constitutional Court. Since these measures
were ineffective, she had recourse to the Inter-American Commission.
When she found herself without employment, she had “to sell food to street
vendors.” Subsequently, she went to live in Argentina “seeking better financial
conditions [in order] to help maintain [her] children.” She “was unable to continue
paying the university studies of [her] daughter[,…] who had to work to help the
household.” She feels frustrated “because she was a good worker, a good secretary
[and she] did [her] job well.” She feels that her “life project was disrupted [and that
her] emotional state caused [her] to develop diabetes.”
Her children have a “right to the health care and education” she has been unable to
give them. Furthermore, she has not “been able to give [them …] a home where
they can live safely, because [she] is unemployed.”
Expert witness proposed by the Inter-American Commission
g)
Samuel Abad Yupanqui, expert in constitutional law
The expert witness referred to body that called itself the “National Emergency and
Reconstruction Government,” which acted “contrary to the Constitution and
legislated by decree laws. […T]o return to the democratic institutional framework
and, owing to international pressure, […] elections were called to choose a new
Congress,” known as the Democratic Constituent Congress (CCD).
From December 5 to 30, 1992, 748 decree laws were issued, one of which provide
for the establishment of a commission to administer the patrimony of the Congress
of the Republic, and to adopt “the necessary administrative measures and actions
concerning personnel.” Decree 25640 stipulated that this reorganization commission
would implement a streamlining process and also established the inadmissibility of
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