31
89(30) On March 3, 1998, six54 dismissed employees filed a “constitutional
complaint” against the justices of the Constitutional Court, Francisco Javier Acosta
Sánchez, President, Ricardo Nugent López Chávez, José García Marcelo and Luis Díaz
Valverde, for the offense of malfeasance “for having delivered the judgment [of
November 24, 1997] against the clear and express text of the law, for having cited
inexistent evidence and false facts, and for having based themselves on alleged or
derogated laws.”55 The result of this complaint does not appear in the file.
Facts subsequent to the administrative and judicial measures
89(31) After the alleged victims had filed recourses at the administrative and judicial
level, and following the installation of the transition Government in 2000 (supra
para. 89(6)), laws and administrative provisions were issued ordering a review of the
collective dismissals in order to provide the employees dismissed from the public
sector the possibility of claiming their rights (infra paras. 89(32) to 89(37)) .
89(32) In this context, Act No. 27487 was issued on June 21, 2001, which
established the following:
Article 1. Decree Law No. 26093 […,] Act No. 25536[, …] and any other specific norms
that authorize collective dismissals under reorganization processes are annulled. […]
Article 3. Within 15 calendar days of the date on which this law comes into force, public
institutions and agencies […] shall establish Special Committees composed of
representatives of the institution or agency and of the employees, responsible for
reviewing the collective dismissals of employees under the personnel evaluation
procedure conducted under Decree Law No. 26093 or in reorganization processes
authorized by a specific law.
Within 45 calendar days of their installation, the Special Committees shall prepare a
report containing the list of the employees who were dismissed irregularly, if there are
any, and also the recommendations and suggestions to be implemented by the Head of
the sector or local government.56 […]
89(33) Supreme Decrees 021 and 022-2001-TR established the “terms of reference
for the composition and operation of the Special Committees responsible for
reviewing the collective dismissals in the public sector.”57 Among them, the Special
Committee responsible for reviewing the collective dismissals of congressional
personnel under Act No. 27487 was established (supra para. 89(32)) and, in its
report of December 20, 2001, it concluded inter alia, that:
[…] The 1992 and 1993 processes of administrative streamlining and of reorganization
and streamlining were implemented in compliance with specific norms.
54
Mónica Alvarado Suárez, Rosario Zapata Zapata, Margarita Ramírez Granados, Cecilia Echevarría
Suárez, María Huaraca Soto and Adolfo Fernández Saré.
55
Cf. impeachment of four justices of the Constitutional Court of March 3, 1998 (file of appendixes
to the application, tome I, appendix 23, folios 752 and 766).
56
Cf. Act No. 27487, of June 21, 2001, published on June 23, 2001, derogating Decree Law No.
26093 and authorizing the establishment of committees to review the collective dismissals in the public
sector (file of appendixes to the application, appendix 4, tome 4, folio 2649).
57
Cf. supreme decrees 021 and 022-2001-TR of July 4 and 15, 2001, respectively (file of useful
evidence presented by the State, folios 4383 to 4389).
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