-105iii.
to pay the workers of the Municipality of Lima, members of the
SITRAMUN that were dismissed, their future pensions;
iv.
to compensate “said persons for any other damage they may
duly prove and that be a direct consequence of the alleged violations
to human rights;”
c)
as regards non pecuniary damage, the Commission requested the
Court to order Peru to compensate the workers of the Municipality of Lima,
members of the SITRAMUN, that were dismissed “for other damage they may
effectively prove and that be a direct consequence of the alleged violations to
the human rights of the victims, including the non-pecuniary damage for the
suffering caused by the reduction in the amount of their pensions and for the
non-compliance by the State with the judgments of the Peruvian courts;”
d)
the Commission requested the Court to order the State to proceed to
“the physical and legal transfer of the premises to be used as SITRAMUN
headquarters, for the benefit of its members”; and to “register the La Molina
plots of land, the elapsing and recording cancellation of which was ordered by
the Municipality of Lima;” and
e)
as regards costs and expenses, the Commission requested the Court to
order the State to pay the costs originated both at the domestic and the
international levels during the processing of the case before the Commission,
as well as those originating during the processing of the case before the
Court.
292. Arguments by the common intervener for the representatives
a)
the beneficiaries of the reparations are the 1,734 workers of the
Municipality of Lima listed in the application. Besides, 39 workers of said
Municipality, members of the SITRAMUN, and 274 workers of the Empresa de
Servicios Municipales de Limpieza de Lima (ESMLL) (Lima Municipal Cleaning
Services Corporation) (ESMILL) mentioned in the judgment by the Tribunal
Constitucional (Constitutional Court) of June 8, 1998, together with 10
persons mistakenly excluded, should also be taken into account as victims
and beneficiaries of the reparations that were not included in the complaint
filed by the Commission;
b)
as regards pecuniary damage, the common intervener requested the
Court to order Peru:
i.
to reinstate “the SITRAMUN–Lima workers that were unfairly
dismissed by the Municipality of Lima, to the same jobs they had
before the dismissal or to positions of similar level and pay;”
ii.
to pay the wages and salaries, bonuses, allowances, and other
labor benefits corresponding to workers under the Collective
Agreements, as ordered in the judgment of November 18, 1998,
rendered on the Record of Case No. 261-97;
iii.
to grant those workers that cannot be reinstated to their jobs
by reason of their physical or mental disability, the disability pension
available to them according to law, in addition to the corresponding
compensations for damages;
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