10
about impartiality10. The State should have provided the 257 victims with a mechanism or
recourse that would allow them, if necessary, to question the impartiality of the members of
the deciding body11. However, there is no evidence proving that the victims or their
representatives had exhausted any recourse or request to that end. The Tribunal finds that
no elements of conviction have been furnished in order to prove the lack of impartiality of
the members of the CEE.
29.
As has been mentioned, on April 16, 2009, the CEE issued a resolution by which it
decided to declare, in a final and binding manner, that the 257 victims named in the
Judgment of the Court were dismissed in an irregular and unjustified manner from the
Congress of the Republic of Peru. Afterwards, the State informed that, through its courts, it
had validated said decision of the CEE. Even though said resolution has been ratified at the
domestic level, the Tribunal notes that the determination of the respective legal
consequences and, if applicable, the compensations applicable to each one of the victims
are still pending.
B. Body with the power to establish the respective legal consequences and, if
applicable, determine the applicable compensations based on the specific
circumstances of each individual.
30.
That the State alleged that, as experts in labor law, the members of the CEE
reviewed the personal files of all the victims and analyzed factors like the age of the people,
the years of service and the income earned to devise the formula that would apply to the
determination of the exact compensation owed to each person. It also noted that the
compensation is not the same for all the victims, since it is calculated based on the years of
service of each individual. Finally, it emphasized that the victims had the opportunity to file
their arguments before the CEE by means of the time limit granted to the common
interveners to submit their observations, but that the common interveners did not take that
opportunity.
31.
That the common interveners pointed out that, during the process of the CEE, the
only opportunity given to the victims to file the arguments or information or observations
was a period of time of fifteen minutes granted to the common interveners, which was not
notified with sufficient notice and that it was planned for a few days before the issuance of
the final resolution of said body. They also highlighted that the compensation of two basic
minimum wages for each year of service is unique and that, given that it only varies
depending on the years of service of each victim, it does not relate to the specific
circumstances of each one of the victims.
32.
That a group of victims, by means of its representatives, argued that the Court in its
Judgment requested the State to guarantee the victims "with a true access to justice
according to the standards established in the American Convention", which implies due
process of law and which "would be necessary so that a person demanding justice can
enforce its rights and defend its interests in an effective manner, respecting equality
between the parties". In a similar way, another group of victims sustained that the work
method of the CEE does not offer the guarantees of due process.
10
Cf. Case of Apitz Barbera et al. (“First Court of Administrative Disputes”) V. Venezuela, supra note 10,
para. 56. See also, European Court of Human Rights, Pullar v. the United Kingdom, judgment of 10 June 1996,
Reports of Judgments and Decisions 1996-III, § 30, y Fey v. Austria, judgment of 24 February 1993, Series A no.
255-A p. 8, § 28.
11
Cf. Case of Apitz Barbera et al. (“First Court of Administrative Disputes”) V. Venezuela, supra note 10,
para. 63 to 66.