-99274. The Court recognizes that in order to comply with this judgment, some
determinations have had to be made in order to comply with the orders of the
Tribunal Constitucional (Constitutional Court), and several decisions have had to be
adopted and oppositions and appeals filed by the parties have had to be decided.
However, the Court considers this is not a reasonable justification in the face of the
delay in the enforcement of the final judgment, and therefore it concludes that an
unreasonable delay of seven years and six months has been incurred in relation to the
compliance with the abovementioned amparo of July 8, 1998.
275. As explained in paragraph 227 hereof, the victims of the non-compliance with
this judgment are the 56 persons that the court seized with the judgment
enforcement proceedings has determined that must be reinstated, who are included in
the list of victims attached to this Judgment. Since, according to the information
provided to the Court, the domestic court having jurisdiction still has to decide on an
appeal filed against the decision that dismissed the request for the reinstatement of
217 workers (supra para. 204(89)), this Court settles the issue by establishing that, if
at the time of deciding such appeal, the court recognizes the right of said workers to
be reinstated, the State must comply with such reinstatement.
*
*
*
276. In addition to all the considerations included in this chapter, the Court decided
to grant full effects and to admit the acknowledgment of international responsibility
made by the State during the proceeding before the Commission (supra para.178),
pursuant to which Peru is liable “for the violation of the human rights of the
SITRAMUN workers, provided in Article 25(2)(c) of the American Convention on
Human Rights, in the terms indicated in paragraphs 169 to 180.
277. From the abovementioned considerations, this Court concludes that the State
violated the right to the judicial protection established in Articles 25(1) and 25(2)(c)
of the American Convention and did not comply with the general obligation to respect
and guarantee the rights and freedoms established in Article 1(1) of said Convention,
to the detriment of the persons indicated in paragraphs 232, 235, 236, 245, 249, 253,
260, 265, 270 and 275, since it did not comply with the judgments rendered by the
Sala Constitucional (Constitutional Chamber) and the Sala Corporativa Transitoria
Especializada de Derecho Público (Corporate Provisional Chamber Specializing in
Public Law), as pointed out in paragraphs 210 to 236, 242 to 270 and 272 to 275 of
the instant Judgment.
*
*
*
278. The Court considers that the violations due to the non-compliance with the
judgments, previously mentioned in this chapter, are particularly serious as they
implied that during many years the labor rights guaranteed by said judgments have
been impaired. This fact shall be taken into account by the Court when deciding on
the reparations.
*
*
*
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos