-84- 209. As regards the alleged violation of Articles 25 and 8 of the Convention, concerning Article 1(1) thereof, the State pointed out that: a) in the Peruvian legal system there is no procedural mechanism that allows a civil servant to seek relief for wrongful or unfair dismissal. “That is why individuals resort to the amparo for legal protection; b) “in most cases, the judgments of which non-compliance is asserted result from fraudulent proceedings, conducted by judges that, under the dictates of the SIN (Servicio de Inteligencia Nacional (National Intelligence Service)), sustained complaints that lacked merit.” “Consequently, the State […] does not recognize legal validity, binding effect, or enforceability to judgments rendered under such circumstances;” c) the State “reaffirms its manifest willingness to solve those cases in which, under domestic law, it has been proven through honest proceedings and autonomous and impartial commissions.” Autonomous commissions have been created, formed by independent representatives “with virtually decisive participation of the three main trade unions of Peru” and of the Office of the Ombudsman, which have reviewed all reported cases. “There is on record a large No. of former employees of the Municipalidad Metropolitana de Lima (Metropolitan Municipality of Lima), whose dismissals, in the commissions’ opinion, were irregular.” The State acknowledges and defers to these conclusions, and will proceed to provide the appropriate relief, according to the terms prescribed by applicable law; d) “the omission to challenge the resolutions constituted grounds for rejection, something which was nevertheless overlooked by the judges who granted the appeals for legal protection [protection of constitutional guarantees and rights] and whose decisions are at issue in this proceeding;” e) the staff assessment process conducted by the Municipality was transparent and the assessments were duly published and were backed by express statutory authority; therefore, there was a statutory obligation to carry them out. In order to preserve the transparency of these processes, the Municipalidad Metropolitana de Lima (Metropolitan Municipality of Lima) engaged the services of an independent institution to administer them: the Universidad Particular “San Martín de Porres” (“San Martín de Porres” Private University).” Belonging to the civil service career does not guarantee perpetual tenure; f) the state outlined the reasons why, in its opinion, the collective agreements the orders of amparo directed to enforce were ipso jure null and void and disregarded or violated the ratified single compensation and pension system for civil servants. In addition, it asserted that the Municipality of Lima has observed and executed the decision rendered by the Tribunal Constitucional (Constitutional Court) on December 10, 1997 and has “proceeded to pay back, in successive stages the amounts that had been reduced, something which, according to the judgment itself, must be done only with respect to the “days actually worked;”

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