personnel” process in a context of the “inefficiency of the judicial institutions; absence of
guarantees of independence and impartiality, and lack of clarity as to the remedy to be used
to challenge collective dismissals.”66 Therefore, some differences exist among those who
were declared to be victims in the above judgment and the alleged victims in this case, in
that (iii) only 20 of the alleged victims in th present case filed writs of amparo before judicial
bodies, while there is no information on actions filed by the remaining persons, and (iv) to
date, the State has adopted measures directed to repair 14067 of the 184 alleged victims.
This demonstrates that, in spite of the similarities, it is not possible to automatically
extrapolate the conclusions that were reached in Canales Huapaya et al. and Aguado Alfaro
et al. as the Commission and the representatives requested. Rather, the Court must analyze
the specific situations in order to reach the appropriate conclusions.
B.1.a) Situation of the alleged victims who did not present a writ of
amparo
92. The Court recalls that, in Canales Huapaya et al. v. Peru, it held that the dismissed
congressional employees in the so-called “streamlining of personnel” process confronted a
generalized context of the “inefficiency of the judicial institutions, absence of guarantees of
independence and impartiality and lack of clarity as to the remedy to be used to contest
collective dismissals.”68 In that context, norms were issued that barred the filing of writs of
amparo against the dismissals that impeded the alleged victims from access to an impartial
and competent body with due procedural guarantees, which the Court deems a violation of
Article 8(1) of the Convention.
93. The Court also finds that the alleged victims did not have an effective judicial remedy
against acts that violated their rights. On this point, although the State maintains that the
alleged victims had access to the administrative disputes jurisdiction, the generalized
ineffectiveness of the judicial institutions and the lack of guarantees of independence and
impartiality demonstrate that such a possibility is illusory (supra para. 31). In Dismissed
Congressional Employees (Aguado Alfaro et al. v. Peru the Court held that:
this case occurred in the context of a situation of legal uncertainty promoted by laws that
limited access to justice in relation to the evaluation procedure and eventual dismissal of the
alleged victims, so that they did not have certainty about the proceedings they could or should
resort to in order to claim the rights they considered had been violated. Consequently, without
needing to determine the nature of the dismissals that have been verified, the Court found
that the existing domestic recourses were ineffective, both individually and collectively, to
provide an adequate and effective guarantee of the right of access to justice [….]69
94. The Court notes that this context continued at least until June 2001 when Law 2748770
derogated the norm that authorized the collective dismissals. The derogated norm, Decree-
66
Case of Canales Huapaya et al. v. Peru, supra, para. 103.
The State maintained that it had reviewed the dismissals of 141 persons, with respect to which it
recognized their irregularity and that it has implemented specific actions to repair those persons. The Court
notes that, within this group, the State included Jorge Ferradas Núñez, who was excluded from this case (supra
para. 59).
67
68
Cf. Case of Canales Huapaya et al. v. Peru, supra, para. 103.
Case of the Dismissed Congressional Employees (Aguado Alfaro et al.) v. Peru, supra, para. 146.
Cf. Law 27487 of 2001 “Law that derogates Decree-Law 26093 and authorizes the creation of
commissions charged with reviewing the collective dismissals in the public sector (evidence file, fs. 2516 to
2519).
69
70
26