-23-
c)
“[n]one of the persons who have unlawfully claimed before [the]
Honorable Court to be the current representatives of SITRAMUN and of the
alleged victims ever achieved the status of a leader of such trade union
neither at the moment of its registration with the Municipalidad Metropolitana
de Lima (Municipalidad Metropolitana de Lima (Metropolitan Municipality of
Lima)) nor thereafter;”
d)
“the current complainants availed themselves of a coarse subtlety to
usurpate the capacity as trade union leaders and ascribe it to themselves
before third parties, thus breaching the trade union freedom of the members
of the only and true SITRAMUN and the trade union autonomy of this
organization. Thus, the complainants sought to — and successfully did —
register the so-called Asociación Sindicato de Trabajadores Municipales de
Lima (Lima Municipal Workers Union Association) before the Registro de
Personas Jurídicas de los Registros Públicos de Lima y Callao (Registry of
Legal Entities of the Registros Públicos de Lima (Public Registries of Lima) and
Callao) […], a private civil association which could not legally replace
SITRAMUN, which was registered as a labor trade union organization in good
standing before the Municipalidad Metropolitana de Lima (Metropolitan
Municipality of Lima)) and which was the only organization authorized to act
in the capacity of labor representative. The abovementioned Asociación
Sindicato de Trabajadores Municipales de Lima (Lima Municipal Workers Union
Association) is a private association which has no legal capacity to represent
the workers and former workers of the Municipalidad Metropolitana de Lima
(Metropolitan Municipality of Lima), despite its endeavors to create confusion
both before the judicial organ of Peru and the Court. The members of the
“Complainant association” are not at present workers of the Municipalidad
Metropolitana de Lima (Metropolitan Municipality of Lima), which prevents
them from joining the true Municipal Workers Union, let alone to represent it;
and
e)
the Asociación Sindicato de Trabajadores Municipales de Lima (Lima
Municipal Workers Union) cannot be considered as having either the legal
capacity to act as a trade union organization or to be the representative of
the alleged victims “since it is not a trade union organization and since it has
not been granted with any powers of attorney by the alleged victims.”
130.
Arguments by the Commission
The Inter-American Commission requested the Court that the objection be dismissed
“as it is not based on factual and legal grounds” and pointed out that:
a)
the objection was not filed in time before the Commission and
disregards the express decision on admissibility adopted by the same
Commission in the instant case. The Commission reasserts the allegations
made in its arguments to the first objection “which justifies that the […] Court
not reexamine the matter;”
b)
in application of the estoppel principle, the State is hindered from
challenging the legal standing of those who acted as petitioners in the case
during its processing before the Inter-American Commission, since it sought
to reach a friendly settlement with such persons during the negotiations