-94*
*
*
250. Also connected with the dismissals for participating in illegal strikes, there are
three judgments delivered by the Sala Corporativa Transitoria Especializada en
Derecho Público (Corporate Provisional Chamber Specializing in Public Law)167 and five
judgments pronounced by the Tribunal Constitucional (Constitutional Court)168, which
declared the Mayoral Resolutions whereby the plaintiffs had been dismissed (supra
para. 204(43) to 204(46)) not applicable. The judgments delivered by said Chamber
ordered the reinstatement of seven plaintiffs to their jobs with the same rights and
benefits they had had up to the date they were discharged. Only the judgment of
March 31, 1999, pronounced by the Sala Corporativa Transitoria Especializada en
Derecho Público (Corporate Provisional Chamber Specializing in Public Law) ordered
the back payment of lost wages and other benefits as of the date of the dismissal
resolution (supra para. 204(44)). The judgments of the Tribunal Constitucional
(Constitutional Court) pronounced on April 13, 1998, May 13, 1998, October 16, 1998
and August 20, 1999 ordered the reinstatement of the 33 plaintiffs “to the jobs they
had, or to other similar positions, without back pay for lost wages” (supra para.
204(45)). Likewise, the judgment by the Tribunal Constitucional (Constitutional Court)
of November 11, 1998, ordered the reinstatement of eleven plaintiffs “to the positions
they held or to other similar ones, without the back pay for lost wages” and affirmed
the decision of the Sala Corporativa Transitoria Especializada en Derecho Público
(Corporate Provisional Chamber Specializing in Public Law) whereby the reinstatement
of the other three plaintiffs was also ordered (supra para. 204(46)).
251. This Court notes that, as regards compliance with seven of the appeals for
legal protection [protection of constitutional guarantees and rights]” referred to in the
preceding paragraph, the court seized with the judgment enforcement proceedings
requested the Municipality to comply with said judgments (supra para. 204(47)). The
Municipality filed objections against compliance with two of said judgments, based on
prohibitions established in the Budget Law; said objections were declared groundless
(supra para. 204(48) to 204(51)). Consequently, the argument of the State regarding
the closing of the proceedings related to two of said judgments on the grounds of an
alleged non-suit must be dismissed. Said judgments declared a right finally and
conclusively, and compliance therewith should have been immediate, within the
statutory Peruvian time limits, and without the beneficiary having to move indefinitely
for enforcement, since the court seized with the judgment enforcement proceedings
itself has ordered the Municipality to comply with said judgments.
252. On the basis of the foregoing considerations and of the evidence submitted,
the Court finds that the State has not complied with the judgments pronounced by the
Sala Corporativa Transitoria Especializada en Derecho Público (Corporate Provisional
Chamber Specializing in Public Law)) on July 14, 1998, November 16, 1998, March
31, 1999, and December 22, 1999, and by the Tribunal Constitucional (Constitutional
Court) on April 3, 1998, May 13, 1998, October 16, 1998, November 11, 1998 and
August 20, 1999, thereby incurring in an unwarranted delay of over six years in the
enforcement of said final orders of amparo.
167
Judgments of July 14, 1998 and December 22 and March 31, 1999.
168
Judgments of April 3, May 13, October 16 and November 11, 1998 and August 20, 1999.
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