-43published on February 26, 2003 in the official gazette “El Peruano”, for the purspose
of preparing a final proposal for settling the case. This Working Commission was
originally composed of a representative of the Ministry of Justice, of the Ministry of
Foreign Affairs, of the Ministry of Labour and Employment Promotion, a
representative of the Metropolitan Municipality of Lima and a representative of the
applicants. Later, three more representatives were incorporated through Supreme
Resolution No. 075-2003-JUS published in the official gazette “El Peruano” on June
26, 2003, i.e., a representative of the Ministry of Economy and Finance, a
representative of the Ministry of Education and a representative of the Ministry of
Health. The witness was the representative of the Ministry of Justice and acted as
President over the Commission.
The Working Commission was established on April 16, 2003. No friendly settlement
was reached while the witness was president of the Working Commission. On July 4,
2003, both the State and the applicants submitted solution proposals. “[T]hese
proposals were to be debated in the Commission in order to reach a solution
commensurate with the capabilities of the Peruvian government with the consent of
the applicants.” The solutions put forward by the Commission included the
Municipality of Lima’s proposal that the compensation should be a lump sum. When
the witness resigned, a new President was appointed, and he continued the efforts
to reach a friendly settlement.
7.
Wilfredo Castillo-Sabalaga, alleged victim
In order to figure out the sums to be paid mentioned in Appendixes No. 17, 18 and
22 to the brief containing the petitions and arguments, he has applied “as reference
and basis 7 judgments” with which Peru has not complied, included in the InterAmerican Commission’s application.
The reason for the acounts he reckoned is that the Court order the State “to pay the
amounts owed to the [alleged] victims” pursuant to the aforementioned judgments,
the amount owed as compensation for pecuniary damage (back pay), other worker’s
entitlements in accordance with the Court’s case law, and “to pay all amounts owed
including statutory interest under Law No. 25,920.”
The liquidated sums included in Annex No. 17 to the brief containing the petitions
and arguments refers to the payment of a debt of S/. 24,176.20 “incurred as a
result of unpaid salaries of the [alleged] victims in the instant case for October,
November and December 1995, and other worker’s entitlements […] under the
Collective Bargaining Agreements executed between the Municipality of Lima and
the SITRAMUN, in accordance with the judgment of November 18, 1998, Case No.
261-97.” The liquidated sum involved 1,548 alleged victims.
The final liquidated sum contained in Appendix No. 18 to the brief containing the
petitions and arguments refers to the payment of the debt arising from the 30%
salary reductio, as provided in the Judgment by the Tribunal Constitucional
(Constitutional Court) of December 10, 1997. The liquidated sum involved a total
818 alleged victims.
The final liquidated sum contained in Appendix No. 22 to the brief containing the
petitions and arguments refers to the “payment of the compensation for pecuniary