-39She commenced her employment with the Municipality of Lima on December 1,
1976 at the Dirección de Bienestar Social (Social Welfare Department) and was later
relocated to the Dirección de Registros Civiles (Vital Statistics Registers
Department). Her job was to manage the registration of entries of births, marriages,
etc and the issuance of certificates within the jurisdiction of Lima.
The Municipality dismissed her along with other 230 employees, upon being
declared “redundant” as a result of a “wrongly termed” staff assessment process.
She was not informed neither of the result of the assessment nor of what her
shortcomings had been.
As a result of her dismissal, she filed an appeal for legal protection through the
SITRAMUN. After several months of litigation, she obtained a favourable judgment,
which meant a great satisfaction for her, because she thought that “justice had been
done and that [she] would go back to work, that [her] children could resume their
education, and that [they] would be able to cover the pressing needs they [had].”
However, the Mayor of Lima failed to comply with the court judgments ordering the
“restoration of workers’ rights,” which caused in her “great frustration” and
“impotence.” The dismissed workers had to resort to all-night public meetings and
demonstrations, and they turned to the media, the National Congress, the Catholic
Church and the Ombudsman. She felt anger and impotence, as in her country “there
[was] no justice and the courts [were not] even capable of enforcing their own
judgments.” She felt beaten and was “enraged” to know that the Municipality spent
thousands of dollars on legal counsel to prevent the enforcement of judgments that
could have changed her life.
Her dismissal in October 1996 distabilized her financial and moral stability. In
September 1999 she was diagnosed with a breast cyst, but she could not be
treated, and in 2001 she was told she had breast cancer. The witness mentioned the
difficulties she went through because she did not have social security, which forced
her to purchase private health insurance. In July 2002, “when they learnt that she
had to undergo surgery,” “she was paid her October, November and December 1995
salaries, which were in arrears.” She had to borrow money from her relatives to
survive. Because she was dismissed at the age of 44, it was impossible for her to
find a similar job or even a steady job. She was forced to sell cosmetics and food on
the streets. She has also been unable to provide medical treatment to a sick
daughter, and she is in “deep sorrow” for not having been able to pay for her two
younger daughters’ higher education. There was a time in which “she wished she
would die from her health problems and was terrified to leave her younger
daughters helpless.” She had to resort to psychotherapy.
The witness prays for “international justice to redress all the damage caused to
her.”
2.
Juan de Dios Berrospi-Pérez, alleged victim
He commenced his employment with the Municipality of Lima on August 22, 1974.
At the time he was dismissed he worked as Assistant Clerk in the Dirección de
Ecología (Ecology Department), and his last salary was S/. 1,500, approximately
480 U.S. dollars today.”