relocation; ii) early retirement; ii) financial compensation and iv) job training and job
re-conversion.
29.
According to the State, in compliance with the law, the Executive
Commission and the Ministry of Labor and Employment Promotion proceeded to
examine and publish lists of former employees who had been irregularly
dismissed. According to the information supplied, lists were allegedly published in the
Official Gazette ´El Peruano” on three occasions: the first list on December 22, 2002;
the second list, December 27, 2003; and the third list, October 2, 2004. The State
contends that the administrative avenue was exhausted with the third list; in other
words, that neither the Ministry of Labor and Employment Promotion nor the Executive
Commission would have the authority to decide the cases of former employees who
were not included on any of those lists. According to the State, those persons who
believed themselves to have been wronged by these measures had the power to bring
legal actions to challenge the administrative action created by the Executive
Commission and formalized by the Ministry of Labor and Employment Promotion. The
State alleges that the challenge could be made either through a constitutional process
of “amparo” or an adversarial administrative proceeding.
30.
In this regard, the State argues that under Article 44 of the Code of
Constitutional Procedure, the time period for lodging the application seeking amparo
relief is 60 working days from the date of harm, provided the aggrieved party had
knowledge of the act that inflicted the harm and would be able to file the
complaint. Thus, as the Third List was published on October 2, 2004, all those
dissatisfied with the process could have availed themselves of the remedy within the
legal time period. As for the filing of an adversarial administrative action, the State
alleges that the petitioners had the opportunity to exhaust this remedy within the time
period allowed by the law regulating the adversarial-administrative process. According
to the State, under that law the time period that a complainant has to challenge a
measure is three months from the date he learned or was notified of the measure
being challenged.
31.
Regarding this specific case, the State contends that the petitioners
opted for the procedures established for all irregularly dismissed workers. Those
procedures were conducted in complete observance of the principle of legality, equality
before the law and the guarantees of due process. In one of the initial stages of the
process before the IACHR, the State alleged that a review of the lists of dismissed
employees who have gained some benefit makes it clear that of the employees
reinstated at the Ministry of the Economy and Finance, five are petitioners in the
current case: Lucio Chávez Quiñones, Segundo Gilberto León Barturén, César González
Montero, Atiliano Hidalgo Meza and Eduardo Bernardo Colán Vargas.
32.
Subsequently, the State specified the circumstances of the alleged
victims of the case, indicating that Mr. Lucio Chávez Quiñones and other petitioners
filed adversarial administrative action against the Ministry of Economy and Finance
before the Labor Chamber of the Lima Superior Court and that said court declared their
request inadmissible on the 5th of October 2001. As a result of the petitioners failure
to file an appeal to challenge the decision the court allegedly declared the ruling final,
resulting in the case’s retirement.
33.
The State notes that Mr. Lucio Chávez Quiñones and Segundo León
Barturén were inscribed on the National List of Irregularly Dismissed Employees and
that they chose the option of reinstatement. Regarding the situation of Mr. Eduardo
6