50
(b)
Regarding measures of satisfaction and guarantees of non-repetition,
they asked the Court to order the State to:
i.
Reinstate the alleged victims in their habitual posts or in similar
ones at the same level, if appropriate. In this regard, they
stated that the alleged victims did not consider it fair, lawful or
in keeping with the standards defined in the Additional Protocol
to the American Convention on Human Rights in the area of
Economic, Social and Cultural Rights that they should have to
endure a new judicial proceeding – as requested by the
Commission – so that, following an extended period of time,
the expenditure and setbacks of many different types that this
represents, an evident and manifestly illegal deprivation of their
jobs is once again reviewed. This criteria would be a step
backwards in the interpretative standards advocated by the
Commission on other occasions;
ii.
Acknowledge publicly its international responsibility for the
alleged arbitrary dismissal of the 257 congressional employees
and present a public apology to them and their next of kin. This
act should be carried out by the President of the Congress of
the Republic and the Minister of Justice, in the presence of the
most senior State authorities and should be published by the
media in general and, in particular, broadcast on the State’s
radio and television system;
iii.
Publish at least once, within a reasonable time, in the official
gazette and in another newspaper with widespread national
circulation, the operative paragraphs and the proven facts of
the judgment;
iv.
Remove the provisions on which the human rights violations in
this case were based. In that regard, modify article 9 of Decree
Law No. 25640 and article 27 of Resolution No. 1239-A-92CACL, to make them with compatible with the American
Convention and avoid the repetition of situations such as those
of the instant case, and
v.
The State should adapt its domestic labor laws to the contents
of the international conventions and treaties signed by Peru,
including reform of the constitutional framework for the
protection of labor-related human rights and, in particular, by
completing the reform of the norms on individual and collective
labor relations by adopting a new General Labor Act, in
harmony with the international standards defined by the
International Labor Organization.
(c)
Regarding measures of rehabilitation, they asked the Court to order
the State to:
i.
ii.
Ensure that the alleged victims who had arbitrarily lost their
jobs more than 12 years’ ago could, in future, exercise their
professional capabilities, in accordance with the advances and
changes produced in their different disciplines and occupations,
so that their reinstatement was not merely a formality;
Implement a comprehensive program of professional
rehabilitation for all the alleged victims, and
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