93
140. Since Law 25 was considered constitutional and it derogated the rules in force
at the time of the events, from its having a retroactive effect, the workers had to
bring administrative conflicts actions before the Third Section of the Supreme Court.
During these proceedings, the workers did not have broad possibilities to be heard in
the search for clarification of the events. In order to determine that the dismissals
were legal, the Third Section based itself exclusively on the fact that it had been
declared that Law 25 was not unconstitutional and that the workers had participated
in the work stoppage contrary to democracy and the constitutional order. Nor did
the Third Section analyse the real circumstances of the cases or whether or not the
dismissed workers had committed the acts for which they were being punished.
Thus, it did not take into consideration the reports on which the directors of the
different institutions based themselves to determine the participation of the workers
in the work stoppage, such reports not being even accounted for, according to the
evidence submitted, in the internal records. In handing down a judgment on the
basis of Law 25, the Third Section did not take into consideration that such Law did
not establish which actions attempted against democracy and the constitutional
order. Thus, in charging the workers with participation in an interruption of activities
that attempted against democracy and the constitutional order, they were being
found guilty without having had the possibility, at the time of the work stoppage, to
know that their participation in the latter was cause for such a severe sanction as
dismissal. The attitude of the Third Section is still more serious when taking into
consideration that it was not possible to appeal its decisions, by virtue of the fact
that its judgments were final and unappealable.
141. The State did not provide elements on the cases of all the workers, and it
may be concluded, on the basis of those which it did provide, that the internal
recourses were ineffective in relationship to Article 25 of the Convention. It is thus
evidenced that the courts did not observe the due process of law, or the right to an
effective recourse.
As already expressed, the recourses attempted were not
appropriate to solve the problem of the dismissal of the workers.
142. There is no indication, in the entirety of the evidence in the instant case, that
all the workers would have filed unconstitutionality remedies, constitutional
guarantee protection remedies, and administrative conflict actions. However, the
State did not provide individualised information or analysed separately the cases of
alleged victims; nor did it contest or place in doubt the fact that several of these
persons filed the alleged remedies, but it simply submitted arguments on the group
of 270 workers who appeared as alleged victims in the instant case.
143. Based on the aforesaid and, particularly, on the silence of the State
concerning specific cases, the Court concludes that the State violated Articles 8(1),
8(2), and 25 of the American Convention, to the detriment of the 270 workers listed
in paragraph 4 of this Judgment.
XI
ARTICLE 15
RIGHT OF ASSEMBLY
Arguments of the Commission
144.
Concerning Article 15 of the Convention, the Commission alleged that:
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos