the reorganization of public institutions that was implemented during the 1990’s. Notwithstanding the controversy among the parties regarding alleged differences between those cases and the case sub judice (infra para. 91), the Court considers proved the following facts in light of the prior cases. 66. On July 28, 1990, Alberto Fujimori Fujimori was elected President of Peru for a term of five years. As President, he temporarily dissolved the Congress in April 1992. He then created the Commission to Administer the Patrimony of Congress (hereinafter “the Administrative Commission”), adopted administrative measures and issued personnel actions.42 67. The Administrative Commission initiated a “streamlining of personnel” process”43 under which the employees could resign in exchange for a financial incentive. In addition, the Administrative Commission was mandated to initiate an evaluation and selection process of personnel through competitive examinations. The employees who passed the examinations were eligible to occupy positions in the new “Allocation of Personnel Table” of the Congress and the employees who, after the examinations, did not meet the standards to occupy the vacancies would be dismissed and would only have the right to receive the social benefits to which they were entitled under the law.44 68. As a result of this process of evaluation and selection of personnel, two Administrative Resolutions were adopted: 1303-“A”-92-CACL45 that, for reasons of reorganization, dismissed the congressional staff and workers who decided not to take the competitive examinations or who, having signed up, did not take the relevant examinations and 1303“B”-92-CACL46 that dismissed, for reasons of reorganization, the congressional staff and workers who took the examination of qualification, evaluation and selection, but did not resign voluntarily with incentives and who did not fill a vacancy. 69. In addition, during the time the facts of this case, a provision was included in diverse decree-laws that barred the filing of writs of amparo to contest the effect of those norms, which denaturalized the amparo procedure and created situations beyond jurisdictional control.47 70. Since the installation of the transitional government in 2000, laws and administrative provisions were adopted that ordered the review of the collective dismissals. 71. In 2001, Law 27487 was adopted that derogated the norms that authorized collective dismissals under the reorganization process and ordered the public institutions and bodies to establish special commissions to review the cases of dismissals. These commissions were Cf. Case of the Dismissed Congressional Employees (Aguado Alfaro et al.) v. Peru, supra, para. 89(7). Decree-Law 25438, published in the Official Gazette “El Peruano” on April 20, 1992. 42 Cf. Case of the Dismissed Congressional Employees (Aguado Alfaro et al.) v. Peru, supra, para. 89(9). Decree-Law 25640, published in the Official Gazette “El Peruano” on July 24, 1992. 43 44 89(10). 45 6). 46 10). 47 Cf. Case of the Dismissed Congressional Employees (Aguado Alfaro et al.) v. Peru, supra, para. Cf. Resolution 1303-“A”-92-CACL. Dismissal of congressional staff and workers (evidence file, fs. 3 to Cf. Resolution 1303-“B”-92-CACL. Dismissal of congressional staff and workers (evidence file, fs. 6 to Cf. Case of the Dismissed Congressional Employees (Aguado Alfaro et al.) v. Peru, supra, para. 89(4). 20

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