-67204(56) By means of Mayoral Resolution No. 3499 of August 24, 1999, the
Municipality of Lima resolved, inter alia, “to set aside Article 2 of Mayoral Resolution
No. 044-A-96 of January 17, 1996, as from the effective date of the resolution” and
“to determine the difference in amount of the total compensation of the Officers and
Civil Servants of the Municipalidad Metropolitana de Lima (Metropolitan Municipality
of Lima) from January 1, 1996, and for the period actually and effectively worked
[…,], establishing the No. of workers affected and the total amount due.”98
204(57) On October 19, 1998, the Court responsible for enforcing the judgment
issued an Order, directing the Municipality of Lima to comply with the judgment
rendered by the Tribunal Constitucional (Constitutional Court) on December 10, 1997
(supra para. 204(55).99
204(58) On November 2, 1998, the Municipality of Lima formally objected to Order
of October 19, 1998 (supra, para. 204(57). On July 17, 2000, the Primer Juzgado
Corporativo Transitorio Especializado en Derecho Público (First Provisional Corporate
Court Specializing in Public Law) issued a decision dismissing the abovementioned
objection.100 On June 18, 2001 the Sala de Derecho Público (Public Law Chamber)
affirmed said decision on the grounds that “it is mandatory to enforce final
judgments, and no entity may be exempted from compliance […] objections may
only be grounded on discharge or termination of the obligation.”101
204(59) The Municipality of Lima issued several Mayoral Resolutions between July
1999 and November 2002, authorizing Staff and Treasury Offices to make payments
for wage and salary readjustments.102 The State complied with the court order of
December 10, 1997 in respect of the workers active at the municipality and of those
who receive a pension,103 as well as with respect to some workers that were not
reinstated.104
98
Cf. Lima Mayoral Resolution No. 3499 of August 24, 1999 (file of appendixes to the answer to the
application, appendix 32, folio 4334).
99
Cf. Order issued by the Primer Juzgado Corporativo Transitorio Especializado en Derecho Público
(First Corporate Provisional Court Specializing in Public Law) on July 17, 2000 (file of appendixes to the
application, appendix 33, folios 1726-1728).
100
Cf. Order rendered by the Primer Juzgado Corporativo Transitorio Especializado en Derecho
Público (First Corporate Provisional Court Specializing in Public Law) on July 17, 2000 (file of appendixes
to the application, appendix 33, folios 1726-1728).
101
Cf. Order rendered by the Sala de Derecho Público (Public Law Chamber) on June 18, 2001 (file
of appendixes to the application, appendix 33, folio 1729).
102
Cf. Lima Mayoral Resolutions No. 00681-99 of July 20, 1999; No. 00799-99 of August 26, 1999;
No. 6257 and No. 6258 of May 17, 2000; No. 12067-2000 and No. 12068-2000 of December 20, 2000;
No. 00760-2001 of May 30, 2001; No. 19973 of June 26, 2001; No. 21664 of June 28, 2001; No. 35286
of November 9, 2001; No. 38036 of December 18, 2001; No. 3210 of January 16, 2002; No. 10469 of
May 9, 2002; No. 11336 of June 19, 2002; No. 14779 of August 13, 2002; and No. 16409 of November 5,
2002; and the Final Minutes of the Employer-Employee Committee of the SITRAMUN-LIMA, 2000 (file of
appendixes to the answer to the application, appendixes 31, 33, 35, 36, 38-46 and 48-51, folios 4331,
4338, 4344, 4347, 4352 to 4372 and 4379 to 4388).
103
Cf. Public hearing held at the seat of the Court on September 21 and 22, 2005, answer of the
Commission and the common intervener to a question posed by the Court.
104
Cf. Statement by witness Juan de Dios Berrospi-Pérez (file of preliminary objections, merits,
reparations and costs, Volume V, folios 1517-1522).