23.
Regarding the current situation of the alleged victims, the petitioners
note that Lucio Chávez Quiñones and Segundo León Barturén were added to the
National List of Irregularly Dismissed Employees and that they requested to be
reinstated to their former positions in the Ministry of Economy and Finance under Law
No. 27803. Their request has remained unattended to despite the fact that three years
have passed since the list including their names was published. Apropos of these
circumstances, they indicate that they filed an adversarial administrative action with the
goal of achieving reinstatement, as well as precautionary measures requesting
provisional reinstatement pending the resolution of the case. They add that they have
not received a response from the State despite the fact that the allowed time period has
expired.
24.
Regarding Mr. Eduardo Bernardo Colán Vargas, they indicate that he
has been reinstated in the aforementioned Ministry of Economy and Finance, and that
questions pertaining to the regularization of the procedure for reinstatement are
exclusively the responsibility of the State, and not of the petitioner.
25.
As far as the twelve alleged victims that were not registered on the
National List of Wrongfully Dismissed Employees, the petitioners argue that the State
did not treat them equally in relation to the benefits provided for by Law No. 27803. In
fact, they indicate that Mr. Lucio Chávez Quiñones and Segundo León Barturén,
representatives of the alleged victims, were dismissed by the same ministerial
resolution that resulted in the dismissal of the other petitioners, but were the only two
whose names appeared on the List of Dismissed Employees. They add that the State
offered no explanation regarding this situation, and that despite the fact that the
petitioners submitted further requests for inclusion on the List of Dismissed Employees
on July 11 and 18, 2007, they were not incorporated on the final list of beneficiaries
published in March 2008. For this reason, they indicate that many of the petitioners
lodged appeals for reconsideration in order to be included in the final list of
beneficiaries.
26.
To this effect, the petitioners argue that given that the State is
responsible for the arbitrary dismissals carried out during the former administration of
Fujimori, and that this has been recognized with the issuing of Law No. 27803, among
others, the State should therefore fill the vacant positions in the Ministry of Economy
and Finance with the victims of said wrongful dismissals, such as the alleged victims in
this case.
B.
The State
27.
The State argues that Law No. 27478, published June 23, 2001,
repealed Decree Law No. 26093 and the other legal provisions that authorized the
collective dismissals on the pretext of the reorganizations. It also asserts that under
the law, commissions were to be formed to review the collective dismissals in the
public sector, and to then prepare a report on the employees irregularly dismissed.
28.
The State points out that Law No. 27803 was published on July 28,
2002. Through this law, the recommendations of the commissions created under laws
25452 and 27586 were implemented. This law, the State explains, created a special
benefits program that irregularly dismissed employees could apply for. Such
employees could choose one of the following alternatives: i) job reinstatement or
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