25
employees two days before the date of the examination […] and, on the day itself, it
[had been] detected that some employees arrived for the examination with the
document completed.”24 Consequently, this evaluation procedure was annulled and it
was established that the examination would be held on October 24 and 25, 1992.25
89(13) On November 6, 1992, the acting President of the Administrative
Commission issued two resolutions under which 1,110 congressional officials and
employees were dismissed – including the 257 alleged victims:
(a)
Resolution No. 1303-A-92-CACL, published on December 31, 1992, by
which the employees who “decided not to register for the competitive
examination and/or those who, having registered, did not complete
the corresponding examination,” were dismissed “owing to
reorganization,” and
(b)
Resolution No. 1303-B-92-CACL, published on December 31, 1992, by
which the employees “who did not find a vacancy on the personnel
allocation table of the Congress of the Republic” were dismissed
“owing to reorganization and streamlining.”26
89(14) On December 31, 1992, most of the employees who were dismissed by
Resolutions Nos. 1303-A-92-CACL and 1303-B-CACL received cheques on the Banco
de la Nación corresponding to the “payment of social benefits for 1992.” These
employees included at least 217 of the alleged victims.27
The administrative measures taken before Congress by some former
employees
89(15) During the first days of January 1993, some of the dismissed employees filed
a recourse for reconsideration before the President of the so-called Democratic
Constituent Congress, to which “there was no response.” Subsequently, these
employees filed an appeal, and “there was no response [to this] either.” Then,
“Resolution 1534-93-CCD/OGA-OPER and others were issued declaring, in a single
and final instance, that the methods they were using to file complaints were
inadmissible, without ruling on the merits of these complaints.”28
24
Cf. newspaper article in the Diario La República of October 21, 1992, entitled “Pruebas de
evaluación del Congreso habrían sido vendidas en 500 dólares” (file of appendixes to the application, tome
I, appendix 25, folio 770).
25
Cf. Analysis of the viability of the recommendations issued by the Special Committees established
to review the collective dismissals in the Final Report of the Multisectoral Commission of March 2002, Act
No. 27586 (file of useful evidence presented by the State, folio 442).
26
Cf. Resolutions 1303-A-92-CACL and 1303-B-92-CACL, both dated November 6, 1992, published
on December 31, 1992, dismissing officials and employees of the Congress of the Republic (file of
appendixes to the application, tome I, appendix 12, folios 503 to 510).
27
Cf. Report No. 182-2001/CR/DT/AP of December 4, 2001 (file of useful evidence presented by
the State, folios 4453, 4454, 4458, 4459, 4460 and 4479), and Report 013-2002-DT/CR issued by the
Treasury Department of the Congress of the Republic on January 8, 2002 (file of useful evidence
presented by the State, tome 12, folio 4453).
28
Cf. judgment of the Constitutional Court of November 24, 1997 (file of appendixes to the
application, tome I, appendix 13, folios 512 and 513).
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