119.
Regarding the second group of victims (see Annex 3 hereto), the Commission notes that
they received exclusively one of the following benefits offered in Decree 27803: (i) Reinstatement or
redeployment; (ii) early retirement; (iii) financial compensation; and (iv) vocational training and retraining.
With respect to acceptance of only one of these benefits, and no other, the petitioners argue that this did not
constitute adequate reparation as it did not recognize the time that they were illegally and arbitrarily
separated from their positions of employment for the purposes of compensation, retirement and other fringe
and social security benefits.
120.
The Commission considers that, based on the information available in the record, the State
has provided only partial redress to this group of victims. Thus, for example, as the State itself has
acknowledged, some of the victims in this group received no amount in compensatory damages but simply
began a new employment contract. Other victims in this group received some form of financial compensation
but were not reinstated and the Commission does not have detailed information by which to determine at this
time if that compensation satisfied the minimum components that should be included in reparations of this
nature.
121.
Therefore, the appropriate recommendation with respect to the second group of victims is
the creation of a fast-track mechanism that provides, based on a case-by-case assessment, reparations in
addition to those already received by each victim under Decree 27803.
122.
Regarding the third group of victims (see Annex 4 hereto), the Commission finds that
since the irregularity of their respective dismissals has already been formally recognized, the appropriate
recommendation is the creation of a fast-track mechanism to reach a direct determination of suitable
reparations, including minimum components of redress for arbitrary dismissal, as mentioned in paragraph
118 of this report on merits. It should be clarified that in the opinion of the Commission, under no
circumstances could this group of victims have been compelled to choose only one of the benefits that offered,
as noted, only partial redress, particularly when the information available indicates that the very standards
that governed those benefits excluded anyone who was suing the state and did not desist from doing so. The
IACHR highlights that the recommendations on this issue are not based on the State’s domestic system but on
the principle that a breach of an international obligation generates the duty to establish an adequate
reparation.
123.
Based on the foregoing conclusions,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS MAKES THE FOLLOWING
RECOMMENDATIONS TO THE STATE OF PERU:
1.
With respect to the individuals who are not on any of the lists, whose dismissals, therefore,
have not been recognized as irregular at the domestic level, the Peruvian State should create a fast-track
mechanism to perform a case-by-case assessment of their dismissals, determine if they were arbitrary or not,
and arrange appropriate reparations, including minimum elements of redress for arbitrary dismissal.
2.
With respect to the individuals who are on one of the lists or who have been afforded some
form of State recognition of the irregularity of their dismissal and opted for one of the benefits under Decree
27803, the Peruvian state should create a fast-track mechanism that provides, based on a case-by-case
assessment, reparations in addition to those already received by each victim under Decree 27803.
3.
With respect to the individuals who are on one of the lists or who have been afforded some
form of State recognition of the irregularity of their dismissal, but did not opt for any of the benefits under
Decree 27803, the State should create a fast-track mechanism to reach a direct determination of suitable
reparations, including minimum components of redress for arbitrary dismissal.
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