-42leg and “each time they had to cut [his] leg off further up, because it kept
decaying.” He has not had any health insurance ever since he was dismissed.
After he was dismissed he had no money for food or paying the water and energy
bills. Soon after his dismissal, his son Juan Miguel had to go to hospital for three
months because he had poliomyelitis. He had to “borrow from everyone to survive
and to help his son with medicines.” He was forced to work in the street hawking
sweets for three years. He has defaulted on two months’ water and energy bills, and
he has not paid the property tax on his home since 1996. He had to quit working
because his diabetes and leg problems got worse. His three children had to give up
their studies.
5.
Carmen Esperanza Yaranga-Lluya, alleged victim
Her employment with the Municipality of Lima started in 1981. She worked cleaning
public areas on the night shift. She worked until June 30, 1996 when, after finishing
with her cleaning duties, she found the doors of ESMLL closed. “[T]hey would not let
in any worker, and [they] told [them] that the corporation had closed down.”
Like her co-workers, she filed an appeal for legal protection. After several years, a
Tribunal Constitucional (Constitutional Court) judgment ordered the ESMLL to
reinstate them. The Municipality of Lima, which is the “owner of ESMLL,” refused to
comply with the Tribunal Constitucional (Constitutional Court) judgment and went
on to “attack the leaders.” The Union leaders took steps to have the Municipality of
Lima comply with the judgment. They went to the Ombudsman, the ILO, the Bar
Association of Lima, and various human rights organizations.
She felt helpless because she “needed money to buy [her children] school supplies,
feed [them], and because her water and electricity supply was cut off for two
years.” She went out for any job she could find, being forced to leave her children
alone. She tries to make a living hawking goods, but sometimes she does manage
to sell anything.
She was forced to “collect the sum ESMLL figured out and tendered.”
In 1999, she worked on a temporary contract as a cleaning woman, but her
earnings were scarce, and she was not paid any social benefits. By 2000, she felt
extremely depressed, to the point of considering suicide. She was diagnosed with
tuberculosis, so she spent nine months under treatment, unable to work. In 2001
she was taken on by the Municipality of Jesús María as a cleaning woman.
b)
Proposed by the common intervener
6.
Marcela Teresa Arriola-Espino, former Executive Secretary of
the Consejo Nacional de Derechos Humanos del Perú (National Council
for Human Rights of Peru)
She learnt of the SITRAMUN case while being the Executive Secretary of the
Consejo Nacional de Derechos Humanos (National Council for Human Rights) and
because she was a member of the Working Commission for reaching a friendly
settlement, which was established through Supreme Resolution No. 015-2003-JUS