-28146. Taking into consideration that the power of attorney granted to the common
intervener were given in favor of five individual persons whose names are specifically
mentioned, though at the top margin these powers of attorney have a letterhead
which reads “Sindicato de Trabajadores Municipales de Lima” (Lima Municipal
Workers Union), the Court considers that they are not vitiated by any flaw which
may render them invalid before this Court.
147. The Court has understood that the Asociación Sindicato de Trabajadores
Municipales de Lima (Lima Municipal Workers Union Association) is not the current
Sindicato de Trabajadores de la Municipalidad de Lima (Lima Municipal Workers
Union), and that the pleadings it may have submitted in the international
proceedings have not been submitted on behalf of the members of the current trade
union. As to what has been claimed by Peru regarding the alleged violation of the
trade union freedom of the members of the “true SITRAMUN”, it is not incumbent
upon this Court to render a decision on this matter.
148. On the basis of the foregoing considerations, the Court dismisses the second
preliminary objection.
*
*
*
149. Once dismissed the two preliminary objections raised by the State, the Court
will proceed to examine the merits of the case.
VI
ACKNOWLEDGMENT OF RESPONSIBILITY BY THE STATE AND ALLEGATION OF
“NEW MATTER”
150. The Court will now proceed to establish the scope of the acknowledgment of
international responsibility made by the State before the Commission, and to issue a
ruling on the “new matter” alleged before the Court, on the basis of which the State
has changed its position, whereby it now declares that “it considers that there is no
responsibility.”
A)
Acknowledgment of international responsibility made by the State
before the Commission
151. On October 10, 2001 the Commission issued Report No. 85/01, wherein it
deemed the petition to be admissible “as regards the possible violations of Articles
1(1) and 25(2)(c) of the American Convention.” In such petition the alleged noncompliance by the Municipalidad Metropolitana de Lima (Metropolitan Municipality of
Lima) with twelve judgments rendered by the Sala Corporativa Especializada en
Derecho Público (Corporate Chamber Specialized in Public Law) and by the Tribunal
Constitucional (Constitutional Court) was denounced.
152. On July 22, 2002, nine months after the Commission adopted the Report on
Admissibility No. 85/01, Peru forwarded to the Commission a report issued by the
Secretaría Ejecutiva del Consejo Nacional de Derechos Humanos (Office of the
Executive Secretary of the National Council for Human Rights) on July 19, 2002,
wherein it stated, inter alia, that