21
87.
The Court notes that only the common intervenors forwarded a few of the
administrative recourses filed by some of the dismissed employees, although the
common intervenors, the State, and the Commission had been asked to provide
them as helpful evidence. In this regard, the State declared that “it does not have
the corresponding administrative files, owing to the changes in the Administration at
that time and the fire in the administrative offices on April 6, 1994, and therefore
had been unable to obtain this information.” The common intervenors stated that
they had been unable to obtain most of the recourses “because of the passage of
time.” Consequently, the Court has no information on the content of all the recourses
filed or the scope of the decisions taken in many of those recourses, or the date on
which they were filed. In addition, it is not clear who and how many of the alleged
victims filed administrative recourses, or if any administrative resolution was issued
other than the 18 that appear among the documentation provided to the Court.
88.
Regarding the documentation and information that the State and the common
intervenors were repeatedly requested to provide (supra para. 53) and that they did
not submit, the Court recalls that the parties should send the Court the evidence it
requests. The Commission, the representatives and the State should facilitate all the
probative elements requested so that the Court has all possible evidence in order to
examine the facts and to justify its decisions.
VII
PROVEN FACTS
89.
Based on the evidence provided and taking into account the statements made
by the parties, the Court considers that the following facts have been proved:
Historical context of Peru at the time of the facts
89(1) On July 28, 1990, Alberto Fujimori Fujimori assumed the Presidency of Peru
under the 1979 Constitution, with a five-year mandate.11
89(2) On April 5, 1992, President Fujimori Fujimori broadcast the “Manifesto to the
Nation” in which he stated, inter alia, that he considered that he had “the
responsibility to assume an exceptional approach to try and accelerate the process
of […] national reconstruction and ha[d] therefore, […] decide[d] […] to temporarily
dissolve the Congress of the Republic[, …] to modernize the public administration,
[and] to reorganize the Judiciary completely.” The following day, based on this
manifesto, Mr. Fujimori established transitorily the so-called “Emergency and
National Reconstruction Government” by Decree Law No. 25418,12 which stipulated:
[…] Article 2. The institutional reform of the country is a fundamental goal of the
Emergency and National Reconstruction Government, in order to achieve an authentic
democracy. […] This reform seeks the following goals:
11
Cf. Case of the Constitutional Court . Judgment of January 31, 2001. Series C No. 71, para.
56(1).
12
Cf. Decree Law No. 25418 of April 6, 1992, published the following day, which issued the Basic
Law for the Emergency and National Reconstruction Government (file of appendixes to the application,
tome I, appendix 5, folios 488 to 490).
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