on amparo was adopted when a democratic government had been reinstalled and the
authorities had guarantees of judicial independence.
88. Finally, it claimed that, while at the time of the dismissals, there were rules that barred
the filing of writs of amparo and of administrative claims, they had not been an impediment
for some former employees who filed remedies provided by the State and that, in any case,
that norm was derogated and measures for the review of the dismissals and the reparation
of those found irregular had been adopted and, therefore, the State was not responsible for
the violation of Article 2 of the Convention.
B.
Considerations of the Court
89. The Court has pointed out that, pursuant to Article 8(1) of the Convention, “every
person has the right to a hearing, with due guarantees and within a reasonable time, by a
competent, independent and impartial tribunal,” which includes presenting arguments and
providing evidence. The Court has indicated that this provision implies that “the decision
produced by the judicial proceedings satisfies the result for which it was conceived.” This
does not mean that the arguments of the claimants must be accepted, “but rather its ability
to produce the result for which it was conceived be ensured.”61
90. With respect to Article 25(1), the Court has stated that this norm includes an obligation
for States Parties to ensure to all persons under their jurisdiction access to an effective
judicial remedy against acts that violate their fundamental rights. This effectiveness
presupposes that, in addition to the formal existence of remedies, those remedies provide
results or responses to the violations of the rights contemplated in the Convention, the
constitution or by law.62 Those remedies that, due to the general conditions of the country
or even for the particular circumstances of a case, are illusory cannot be considered
effective. This occurs, for example, when their inadequacy has been demonstrated in
practice due to a lack of means to execute decisions or for any other situation that gives
rise to a context of denial of justice.63 This does not imply that the effectiveness of a remedy
be evaluated as to whether it produces a favorable result to the complainant,64 but rather
in light of its appropriateness and effectiveness to deal with eventual violations.65
B.1 The application to the present case of the considerations in
Aguado Alfaro et al. and Canales Huapaya et al. and the alleged
violation of Articles 8(1) and 25(1) of the Convention
91. The Court notes that the dismissed employees in this case, as well as the three victims
in Canales Huapaya et al. and the 257 victims in Aguado Alfaro et al.: (i) were employees
of the Peruvian Congress at the time of the so-called “Government of National Emergency
and Reconstruction” and (ii) were collectively dismissed under the so-called “streamlining of
Cf. Case of Barbani Duarte et al. v. Uruguay. Merits, Reparations and Costs. Judgment of October 13,
2011. Series C No. 234. para. 122 and Case of Martínez Esquivia v. Colombia. Preliminary Objections, Merits
and Reparations. Judgment of October 6, 2020. Series C No. 412, para. 131.
61
62
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, paras. 62 and 63 and Case of Habbal et
al. v. Argentina, supra, para. 108.
63
Cf. Case of Abrill Alosilla et al. v. Peru. Merits, Reparations and Costs. Judgment of March 4, 2011.
Series C No. 223, para. 75 and Case of Martínez Esquivia v. Colombia, supra, para. 130.
64
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 67 and Case of Habbal et al. v.
Argentina, supra, para. 112.
65
Cf. Case of Maritza Urrutia v. Guatemala. Merits, Reparations and Costs. Judgment of November 27,
2003. Series C No. 103, para. 117 and Case of Habbal et al. v. Argentina, supra, para. 108.
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