33
be understood as a new labor relationship, which could be a new contract or a new
appointment, provided that there are vacant budgeted posts in the entities or that
such posts are opened up; that the employees comply with the requirements for
these posts; that there is legal competence to hire, and that there is a legal norm
authorizing appointments.” Based on the Special Committee’s recommendations, it
considered that there had been 60 cases of irregular dismissals under the 1992
evaluation and selection procedure (supra para. 89(7) to 89(13)), with regard to the
employees dismissed from the Congress of the Republic.61
89(36) On July 29, 2002, Congress issued Act No. 27803 concerning the
implementation by the Multisectoral Commission of “the recommendations of the
[Special] Committees created by Acts Nos. 27452 and 27586, responsible for
reviewing the collective dismissals in the State enterprises undergoing processes to
promote private investment and in entities of the public sector and local
government.”62
89(37) The Peruvian Ministry of Labor has published lists of the former public sector
employees dismissed irregularly based on the previous law with a total of 28,123
individuals, of whom 27,187 had opted for the benefits established in Act No. 27803.
According to the State, “2,229 had reincorporated [the public sector], 6,981 were
pending, and payments of financial compensation had been made to 16,681 former
employees […] who were also dismissed from their respective jobs and had received
financial compensation.”63
Concerning the alleged victims
89(38) The list of the 257 alleged victims appears in the Appendix to this judgment,
which forms part thereof for these effects.
Damage caused to the alleged victims and costs
89(39) The 257 dismissed employees have suffered damage as a direct result of the
facts.
89(40) Jorge Pacheco Munayco, Manuel Abad Carranza Rodríguez, Henry William
Camargo Matencio, Adolfo Fernández Saré, Máximo Jesús Atauje Montes and Javier
Mujica Petit took measures before the Inter-American Commission. Moreover, the
foregoing and Javier Mujica Petit and Francisco Ercilio Moura, as common intervenors
for the representatives, intervened in the proceedings before the Inter-American
Court, in representation of the majority of the alleged victims.
61
Cf. Final report of the Multisectoral Commission, Act No. 27586 of March 26, 2002 (file of useful
evidence presented by the State, folios 4395, 4442 and 4447), and note of March 26, 2002, in which the
President of the Multisectoral Commission forwarded its Final Report to the President of the Congress of
the Republic (file of useful evidence presented by the State, folio 4391).
62
Cf. Act No. 27803 that “implements the recommendations arising from the [Special]Committees
created by Acts Nos. 27452 and 27586, responsible for reviewing the collective dismissals carried out in
the State enterprises subject to processes of promotion of private investment and in the entities of the
public sector and local governments.”
63
Cf. “Final list of former employees to be registered in the National Register of Employees
Dismissed irregularly,” published in the official gazette of October 2, 2004 (evidence file, appendix 3 to
the communication presented to the Commission on December 14, 2004, folios 5215 to 5290), and final
written arguments of the State (merits file, tome III, folios 893 and 894).
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