29
employees joined the proceedings.44 Thus, the 257 alleged victims in this case
became appellants.45
89(25) On February 21, 1996, the Fifth Civil Chamber of the Lima Superior Court of
Justice revoked the judgment appealed by the Public Attorney (supra para. 89(22)
and 89(23)), reformed it and declared “totally inadmissible the action for amparo
filed” by the dismissed employees. In this regard, it found, inter alia, that:
Article 37 of the Act [on Habeas Corpus and Amparo (] No. 23,506) establishes that the
exercise of the action for amparo expires 60 working days after the right has been
affected, provided that the person concerned has been able to file the action by that
date; […] that in the case sub-litis, the plaintiffs have not provided any evidence that
they were unable to file the action; […] that actions for protection are not admissible in
cases of termination of employment or irreparability of the harm; […] that article 28 of
the above-mentioned Act […] determines that the exhaustion of prior procedures cannot
be required when this has not been regulated or it has been initiated unnecessarily by
the claimant; given that Resolution No. 1239-A-92-CACL stipulated that no recourse
could be accepted against the resolutions issued by the Commission to Administer the
Patrimony of the Congress, and it was the final instance […].46
89(26) A group of at least 2047 dismissed employees filed a special resource before
the Constitutional Court against the Resolution of February 21, 1996, issued by the
Fifth Civil Chamber of the Lima Superior Court of Justice (supra para. 89(25)).48
89(27) On June 15 and 16, 1996, a new Constitutional Court was established in Peru
composed of the justices: Ricardo Nugent (President), Guillermo Rey Terry, Manuel
Aguirre Roca, Luis Guillermo Díaz Valverde, Delia Revoredo Marsano, Francisco Javier
Acosta Sánchez and José García Marcelo. On May 28, 1997, the Congress in plenary
session, dismissed the following Constitutional Court justices: Manuel Aguirre Roca,
Guillermo Rey Terry and Delia Revoredo Marsano. On November 17, 2000, Congress
annulled the dismissal resolutions and reinstated them in their posts.49 In another
case, this Court has verified that, while this destitution lasted, the Constitutional
Court “was dismantled and disqualified from exercising its jurisdiction appropriately,
44
Cf. judgment of the Lima Twenty-eighth Civil Court of June 26, 1995 (file of appendixes to the
application, tome I, appendix 15, folios 524, 530 to 532 and 536).
45
Although the names mentioned in paragraphs 89(21) and 89(24) add up to 266 appellants, the
names of Clerque Gonzáles, José Luis; Gonzáles Guillén, Gustavo; Humantumba Vásquez, Felicita Merí;
Pérez Guevara, César Dionisio; Rivera Martínez, Nelly Andrea; Sosa Álvarez, Carmen; Soto Santana,
Walter Edgardo; Velásquez Machuca and Edgar Humberto are repeated, and one of them is repeated
twice. Thus, there were a total of 257 appellants.
46
Cf. judgment of the Fifth Civil Chamber of the Lima Superior Court of Justice of February 21,
1996 (file of appendixes to the application, tome I, appendix 16, folios 537 and 538).
47
Rosa Ysabel Murillo Orihuela, Nélida Gálvez Saldaña, Inés Belleza Cabanillas, Luz Angélica Talledo
Añazco, Rommy Cecilia Rodríguez Campos, Jaime Jhonny Montoya Luna, Olimpio Huaraca Vargas, Juana
Alcántara Ramos, Cecilia Victoria Gimeno Alemán, Rolando Alfonso Torres Prieto, Zoila Luz Begazo
Salazar, Graciela Pedreshi de Berropi, Marco Antonio Ordónez Quispe, Rebeca Paucar Dávila, Dana
Campos Alarcón, Lilia Carolina Flores Guillén, Luis Rodolfo Alboronoz Alva, José Raúl Coronado Peña,
Ricardo Callirgos Tarazona, Rosalía Pérez Polo, and others.
48
Cf. judgment of the Tribunal Constitutional of November 24, 1997 (file of appendixes to the
application, tome I, appendix 13, folio 511).
49
Cf. Case of the Constitutional Court , supra note 11, paras. 56(3), 56(25) and 56(30).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents