99. In other words, the Constitutional Court recognized that there was a violation of the
rights of the claimants and yet declared the writ of amparo inadmissible. Amparo was, thus,
not an effective remedy to protect the dismissed employees from an act that violated their
rights, in violation of Article 25(1) of the Convention.
100. The right to judicial guarantees presupposes that a controversy be resolved within a
reasonable period, since a prolonged delay may constitute, per se, a violation of judicial
guarantees. The Court has also established that the assessment of a reasonable period
should be analyzed in each specific case in relation to the total duration of the proceedings,
including the remedies that may be filed.75 The four elements to analyze whether the
guarantee of a reasonable period has been complied with are:(i) the complexity of the case,
(ii) the procedural activity of the interested party, (iii) the conduct of the judicial authorities,
and (iv) the harm to the juridical situation of the alleged victim.76 In this case, the writ of
amparo was filed on March 17, 1993 and the decisions of the first and second instances
were adopted on September 10, 200177 and June 18, 2002,78 respectively. In addition, a
special remedy was filed against the decision of the second instance, which was resolved on
December 6, 2002.79 This indicates that the remedy of amparo was resolved after the
restoration of democracy. Nonetheless, it occurred eight years after the filing, which
demonstrates that the alleged victims were not heard within a reasonable period, nor did
they have access to a prompt remedy for the protection of their rights.
101. The Court finds that a delay of more than eight years in processing a constitutional
remedy that the same judicial authorities qualified as very rapid and that did not admit
evidence surpasses any period that could be considered reasonable and, thus, violates
Article 8(1) of the Convention and, therefore, the Court does not consider it necessary to
analyze each of the elements identified in its case law to establish the violation of this
guarantee. In any case, it should be emphasized that this matter is not very complex in that
the decision of the second instance and that which resolved the special remedy were
adopted in a period of 15 months and the record does not indicate the existence of any
conduct of the claimants that would have delayed the proceedings.
102. Therefore, the Court holds that, with respect to the 20 persons who filed a writ of
amparo, there was a violation of Articles 8(1) and 25(1) of the Convention. The excessive
delay in the administration of justice is additional evidence of the context of denial of justice,
the ineffectiveness of the judicial institutions and the lack of judicial guarantees in Peru at
the time of the facts.
B.2 Duty to adopt provisions of domestic law
103. The Court has established that, pursuant to Article 2 of the Convention, States not
only have a positive obligation to adopt the necessary measures to guarantee the exercise
Cf. Case of Suárez Rosero v. Ecuador. Merits. Judgment of November 12, 1997. Series C No. 35, para.
71 and Case of Sales Pimenta v. Brazil, supra, para. 107.
75
Cf. Case of Genie Lacayo v. Nicaragua. Merits, Reparations and Costs. Judgment of January 29, 1997.
Series C No. 30, para. 78 and Case of Sales Pimenta v. Brazil, supra, para. 107.
76
77
Cf. Decision of the Second Specialized Court of Public Law of September 10, 2001. File No. 2972-01.
Writ of Amparo (evidence file, fs. 2439 to 2447).
Cf. Resolution No 11 of the Fifth Civil Chamber, Superior Court of Lima of June 18, 2002 (evidence
file, f. 13).
78
Cf. Decision of the Second Chamber of the Constitutional Court of December 6, 2002 (evidence file,
fs. 330 to 334)
79
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