-106iv.
to grant those workers that cannot be reinstated to their jobs
for having reached the statutory retirement age, a retirement pension
that shall take into account the service years they were out of
employment due to the unfair dismissal;
v.
to recognize “the service years extending between their
dismissal and the effective reinstatement to their jobs, for the purpose
of their access to retirement pensions. Contributions due for such
purpose should be deducted from the amount of the lost wages that
must be reimbursed to the victims for the time elapsed while they
were out of employment. This amount they owe shall not carry
interest, as the lack of payment was the consequence of an arbitrary
act of the State administration itself;”
vi.
to pay the victims the amount corresponding to the difference
arising from the reduction of their wages and salaries adopted by
Mayoral Resolution No. 044-A-96, and which resulted in the 30%
reduction in the remunerations and pensions of all workers, plus the
legal interest applicable, as ordered in the judgment of December 10,
1997, delivered in the Case No. 457-97/AA/TC;
vii.
to grant the family of the victims that died, a surviving family
pension, pursuant to the provisions in the Peruvian legal system;
viii.
to pay “the victims and their families a compensation for
pecuniary damages, including the compensation for the wages and
salaries, bonuses, allowances and other labor benefits they did not
receive as from the time of dismissal up to the date of the judgment
by the Court.” Such compensation must include “a reasonable amount,
estimated at the discretion of the Court, for all those health, education
and housing expenses the victims and their families had to face during
the period they have been dismissed, which caused them a serious
impoverishment, especially taking into account that in the great
majority of the cases, the victims were the only economic support of
their families and that, as in the case of those that suffered a physical
or mental incapacity or died after their unfair dismissal, leaving their
families totally unprotected.” Besides, the time during which the
victims were out of work should be taken into account;
c)
as regards non-pecuniary damage, the common intervener requested
the Court:
i.
to grant “the victims and their families compensation for the
moral damage sustained due to the suffering undergone during all
these years resulting from the lack of the necessary means to satisfy
their basic needs and those of their families, as well as from the
anguish and suffering they had to undergo in their ceaseless struggle
to reaffirm their labor rights;” and
ii.
“to grant the victims and their families a compensation deriving
from “the damage to their life project.” The victims “sustained a
drastic interruption of their personal and professional development due
to the unfair dismissal.”;
d)
as to the measures of satisfaction and the non-repetition guarantees,
the intervener requested the Court to order the State:
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