it deposited its instrument of ratification. The Commission therefore has competence
ratione personae to examine the petition.
39.
The Commission also has competence ratione loci, inasmuch as the
petition alleges violations of rights protected by the American Convention, said to have
occurred within the territory of a State party. The Commission has competence
ratione temporis to examine the petition inasmuch as the obligation to respect and
guarantee the rights protected by the Convention was already binding upon the State
at the time the facts alleged in the petition were said to have occurred. Lastly, the
Commission has competence ratione materiae, because the petition alleges possible
violations of human rights protected by the American Convention.
B.
Exhaustion of the remedies under domestic law
40.
On the matter of compliance with the rule requiring prior exhaustion
of the remedies under domestic law, provided for in Article 46(1)(a) of the American
Convention, the petitioners allege that they initiated and exhausted a petition seeking
amparo relief. They assert that the final decision on that petition was delivered by the
Constitutional Court on January 29, 2001. They also claim to have filed an adversarial
administrative action, which the Labor Chamber of Lima’s Superior Court dismissed on
October 5, 2001, on the grounds that it was lodged after the statutory deadline. The
petitioners emphasize that the final decision on the petition seeking amparo relief was
delivered three years and nine months after the suit was filed and held that this forum
was not the appropriate avenue for the petitioners’ claim. The petitioners argue that
by that time they could not seek protection in the domestic courts. The State, for its
part, alleges that with enactment of Law No. 27803, all those persons who were not in
agreement with the lists of employees irregularly dismissed and/or the benefits that
the law established, could file a constitutional remedy seeking amparo relief or an
adversarial administrative action.
41.
The Commission should begin by pointing out that in order to
determine whether the Convention rule requiring exhaustion of domestic remedies has
been satisfied, the purpose of the petition must be determined and the remedies used
to contest the situation denounced must be analyzed. The Commission observes that
the purpose of the petition in the current case concerns the alleged arbitrary dismissal
of the petitioners from the jobs they were performing in the Ministry of the Economy
and Finance, alleging a failure to observe due process and the resulting lack of judicial
protection.
42.
Regarding the foregoing considerations, the Commission reiterates
that to comply with the requirement established in Article 46(1)(a) of the Convention,
if the alleged victim raised the question via any of the appropriate remedies under the
domestic legal system and the State had an opportunity to remedy the matter in its
courts, the purpose of the international provision has been served. 1 In the present
case, the IACHR finds that the petitioners did avail themselves of the petition of
amparo, which, under the Peruvian system, is a suit seeking protection of
constitutional guarantees2 to “restore the situation that existed prior to the violation or
threat of violation of a constitutional right.”3 The Commission observes that in the
1 IACHR, Report No. 70/04 (Admissibility), petition 667/01, Jesús Manuel Naranjo Cárdenas et al.,
Venezuela, October 15, 2004, par. 52; IACHR, Report No. 57/03 (Admissibility), petition 12.337, Marcela
Andrea Valdés Díaz, Chile, October 10, 2003, par. 40.
2 1993 Constitution of Peru, Title V: Constitutional Guarantees, Art. 200.
3 Law 23506 (Article 1).
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