-24carried out between September, 1999 and June, 2000. Additionally, in
application of the above principle, the acknowledgement of international
responsibility made by Peru prevents if from challenging the petitioners’ legal
standing to act;
c)
the State seems to be challenging the legal standing of the persons
who filed the petition before the Commission. As it was stated in the Report
on Admissibility of January 13, 1999, the Inter-American Commission
“received a petition from the Sindicato de Trabajadores Municipales de Lima SITRAMUN-LIMA (Lima Municipal Workers Union), the Federación de
Trabajadores Municipales del Perú - FETRAMUNP (Municipal Workers
Federation of Peru), and the Comité de Despedidos de la Empresa de
Servicios Municipales de Limpieza de Lima - ESMLL (Committee of Dismissed
Workers of the Lima Municipal Cleaning Services Corporation).” The entities
which filed the petition were authorized under Article 44 of the American
Convention to file complaints before the Commission. “Since the entities
involved are, in any case, groups of persons, they would anyway have the
legal standing to file petitions before the Commission;”
the application was filed regarding certain individual persons and not
regarding the entity or the entities which may group them or might have
grouped them. The alleged victims mentioned in the application “are
individual persons who have obtained a judgment pronounced in their favor;”
d)
e)
the State has not challenged the fact that the entities which filed the
petition before the Commission are legally recognized in Peru; and
f)
the alleged victims have granted powers of attorney to be represented
by individual persons and not by legal entities. The State has not challenged
any of the powers which have been forwarded to the Court by the
Commission, “nor has it identified which persons the Asociación” Sindicato de
Trabajadores Municipales de Lima (Lima Municipal Workers Union Association)
would allegedly be representing. Neither has the State challenged the
representation exercised by the Commission regarding the alleged victims
who have not granted a power of attorney to be represented.
131.
Arguments by the common intervener of the alleged victims’ representatives
The common intervener requested the Court that the objection be dismissed and
argued that:
a)
in the processing of the case before the Commission and “when the
instant proceedings were already submitted to the jurisdiction of [the …]
Court”, Peru acknowledged the legal capacity and legal standing of the
applicants to act. To support this argument, parts of several official notes sent
by the State agents to some of the representatives who were designated as
common intervener and to the Inter-American Commission, three records of
meetings held by the “Working Commission” created by Supreme Order, and
the report addressed by the Chairwoman of such Commission to the Minister
of Justice in connection with the instant case are referred to and transcribed;
and