51
iii.
(d)
The State should compensate both the pecuniary and the nonpecuniary damage. In this regard, they asked the Court to order the
State to:
i.
ii.
iii.
iv.
v.
vi.
vii.
(e)
Ensure the education and health care of the children, and
widows and widowers of the alleged victims deceased during
the processing of this case in the supranational jurisdiction, by
granting them scholarships and incorporating them into the
services of the Social Security Health Care program (ESSALUD).
Recognize the years of service of the alleged victims, from the
date of their dismissal, in order to calculate the compensation
for their length of service, and retirement and other labor
benefits they failed to perceive and which may correspond to
them by law;
Pay into the pension funds in which they were registered at the
time of their dismissal, the contributions that should have been
made to guarantee the exercise of the right to a retirement
pension that corresponds to them by law;
Pay the alleged victims compensation for loss of earnings,
indirect damage and non-pecuniary damage in accordance with
the expert opinion of Paúl Noriega Torero;
Compensate the families of the former employees who are
deceased;
Grant one-time financial compensation to those former
employees who do not wish to be reinstated in active service in
Congress. This compensation should amount to the equivalent
of their total loss of earnings from 1993 to 2005;
Provide early retirement to the former employees subject to the
Pension Regime of Decree Law No. 19990 who opt not to be
reinstated into the service of Congress and who are currently at
least 55 years of age in the case of men and 50 years of age in
the case of women, with a minimum of 20 years of contributing
to the National Pension System at the date this judgment is
executed, and
Recognize the years which were not worked as a result of the
dismissal for the effects of applying the benefit of early
retirement, and
With regard to costs and expenses, they indicated that the State
should reimburse the alleged victims for the expenses they incurred
while seeking justice at the national level, and should reimburse the
common intervenors the expenses they incurred when processing the
international litigation.
The State’s arguments
139. The State requested the Court to limit the reparations to those the State will
provide to the employees dismissed irregularly under the guidelines established in
Act No. 27803. In this regard:
(a)
It stated that it ratified its commitment to establish a Multisectoral
Commission to review the respective dismissals and to grant benefits
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