-98269. The Court deems that the fact that a judgment be in the enforcement stage of
proceedings does not exclude the possibility of a violation of the right to an effective
remedy. The Court admits that certain determinations must be made during the
judgment enforcement proceedings in order to comply with the order of the Chamber
and to adopt several decisions, but this does not warrant a delay of more than seven
years in the compliance with the final judgment, and therefore this Court concludes
that an unwarranted delay in complying with the aforementioned order of amparo
rendered on November 18, 1998 exists.
270. This Court has not sufficient or adequate evidence to indicate who would be
the SITRAMUN members that are beneficiaries of the abovementioned judgment of
November 18, 1998, something which shall be determined by the domestic judicial
court seized with the judgment enforcement proceedings thereof.
E and F)
Judgments related to the Union headquarters and to the plot of
land in La Molina District
271. The Court has no jurisdiction over the alleged non-compliance with the
judgments delivered by the Sala Corporativa Transitoria Especializada en Derecho
Público (Corporate Provisional Chamber Specializing in Public Law)) on March 11 and
August 19, 1999 whereby the Municipality of Lima was ordered to adopt the measures
necessary to donate to SITRAMUN the premises for its headquarters (supra para.
204(80)), and whereby Resolution No. 267 that declared the conveyance to said
Union of the plot of land located at La Molina District had lapsed (supra para.
204(69)), was held to be inapplicable, since the beneficiary of said conveyance is a
legal entity and the identity of the victims of the alleged violations cannot be
determined.
G)
Judgment on the dissolution of the Empresa de Servicios Municipales
de Limpieza de Lima (ESMLL) (Lima Municipal Cleaning Services Corporation)
272. The judgment rendered by the Tribunal Constitucional (Constitutional Court) on
July 8, 1998, which declares de “inapplicability of the Agreement-in-Council that
decided to dissolve and wind up the ESMLL and ordered the reinstatement “of the
plaintiffs who have not received the social security benefits” (supra para. 204(86)), is
in the enforcement stage, and the courts have adopted several decisions on the
determination of the workers that must be reinstated. Based on the evidence
submitted, and in connection with the last judicial actions taken during the months of
June and August 2005 in an endeavor to reinstate 35 workers to their jobs, the
Municipality of Lima has stated the “legal impossibility proceed with the reinstatement
of the workers” (supra para. 204(91)). Moreover, the pronouncement on an appeal
entered against the decision that dismissed the request for the reinstatement of 217
workers is still pending (supra para. 204(89)).
273.
Before this Court, the State expressed that it acknowledges the validity of
such judgment, but it also stated that as the case is at the enforcement stage, the
Court should not hear this case. In this respect, the Court reaffirms that the fact that
a judgment be in the enforcement stage of proceedings does not exclude the
possibility of a violation of the right to an effective remedy (supra para. 269).
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