III.
A.
FINDINGS OF FACT
On Norka Moya Solís
18.
Ms. Norka Moya Solís was 27 years old at the time of the facts. She had a secondary school degree in
business administration, was a student of law and political science, and had worked as a clerk of court since
1973.3 At the time of the facts she served as Clerk of Court of the Tenth Labor and Labor Communities Court
(Décimo Juzgado del Fuero Privativo del Trabajo y Comunidades Laborales).4
B.
Relevant legal framework
19.
Law No. 23344 of December 19, 1981, established at the relevant part:
Article 5. The clerks of Courts (Juzgados) shall be ratified every three years by the Superior Court of
the corresponding judicial district. The first ratification should be within 60 days of the entry into force
of this law.5
20.
In addition, Law No. 23369, issued December 31, 1981 established:
Article 1. Once the ratification of all the Judges of the Republic has concluded, the Superior Court of
Justice shall proceed to ratify the Clerks of Court and Court Reporters, within 60 days of the conclusion
of the ratification of the Judges. In addition, the Agrarian Tribunal and the Labor Tribunal shall proceed
to ratify their Clerks and Reporters, and the clerks of their respective Courts, within the time indicated.
Article 2. The public servants who are not ratified as per the preceding article may file a motion for
review before the Supreme Court, within 10 days of learning of the resolution, the ruling on which shall
be conclusive and final.6
21.
Supreme Decree No. 003-82-JUS of January 13, 1982 established the procedure for carrying out the
process of ratification of the clerks of court as follows:
Article 1. Within five days of the publication of this Regulation, the President of the respective Superior Court
– or whoever might be replacing him or her in the position – shall designate a Commission made up of no more
than seven of the judges with greatest seniority in the case of Lima.…
Article 2. The members of said Commission shall distribute the work such that they present themselves in the
offices of the Clerks of the Courts of First Instance for Civil, Criminal, Juvenile, Coercive, and Peace Matters.
Lawyers from the respective judicial district. Once present, the Judge Commissioned shall proceed to:
a.
b.
c.
Review the case files in process so that when they issue the corresponding report it gives the clearest
idea of the actions of the Clerk in charge of them;
Specify the cases of breach of the legal obligations by the Clerk, preparing the corresponding certificate;
and,
Obtain a written report from the Clerk on the cases indicated in the preceding subsection, and receive
from him or her such evidence for the Clerk as is admissible.
Article 3. The Judge to which the preceding article refers shall obtain from the corresponding judges written
reports about the performance and conduct of each of the Clerks assigned to their Court.
Annex 1. Resolutions ratifying Ms. Moya Solís in her position as clerk of court in 1973, 1974, and 1979. Annexes 2, 3 and 4 to the
petitioner’s brief of March 21, 2000.
4 Annex 1. Resolution ratifying Ms. Moya Solís in the position of clerk of court in 1979. Annex 4 to petitioner’s brief of March 21, 2000.
5 Annex 2. Copy of Law No. 23344 of 1981. Annex 5 to the petitioner’s brief of March 21, 2000.
6 Annex 3. Copy of Law No. 23369. Annex 6 to the petitioner’s brief of March 21, 2000.
3