procedures for filling job openings. That resolution determined that the Administrative Commission would not accept any claims brought against the results of the merits exam. On December 31, 1992, the chair person of the Administrative Commission made public resolutions 1303-A-92-CACL and 1303-B-92-CACL, which ordered the dismissal of 1,117 employees of the Congress. 10. In the context of democratic transition, begun in November 2000, several laws were adopted aimed at reviewing the collective dismissals that occurred under the government of Alberto Fujimori. On June 21, 2001, Law 27847 was issued; it established the bases for establishing special commissions in charge of reviewing the dismissals in the public sector, and of making recommendations to the respective ministry. The Special Commission entrusted with reviewing the dismissals of employees of the Congress of the Republic issued its final report on December 20, 2001, concluding, in the pertinent part, that: It has been possible to determine the existence of irregularities in the evaluation and selection of personnel done in 1992 [… in which] [there was no respect for] the minimum scores indicated in the Rules of the Competitive Hiring Process [… and] in many cases the order of merits attained by the applicants in the examination of qualifications was not respected. 6 11. On July 29, 2002, Law 27803 was promulgated, granting workers who had been arbitrarily dismissed the right to opt for one of the following benefits: reinstatement or relocation in another job, early retirement, economic compensation, or job training. 7 For the purposes of executing such benefits, the same law created a National Registry of Irregularly Dismissed Workers. 8 A. The petitioners 1. Common arguments 12. In the petitions considered in this report, it is argued that the alleged victims were career service staff of the Congress of the Republic when the Administrative Commission was constituted. As they did not avail themselves of the incentives of early retirement or relocation in other State institutions, they participated in the evaluation process provided for in resolution 1239-A-92-CACL. It is adduced that Decree-Law 25759 ordered that the evaluation process should conclude on October 18, 1992, but that the first merits exam was annulled after a series of reports in the media that the answers were being sold ahead of time. The petitioners indicated that the merits exam was rescheduled for October 24 and 25, 1992, without there being, at this moment, a duly appointed chairperson of the Administrative Commission. 13. The petitioners asserted that Supreme Resolution 532-92-PCM was published on November 6, 1992, entrusting the chair of the Administrative Commission to reserve Army Colonel Carlos Novoa Tello. They adduced that Article 87 of the 1979 Constitution in force at the time established that administrative rulings enter into force as of the day after their publication, accordingly the appointment of Mr. Novoa Tello did not become effective until November 7, 1992. They noted that the alleged victims, after participating in the evaluation process, were dismissed from their positions by resolution 1303-B-92-CACL. They noted that despite having been published on December 31, 1992, said resolution was applied retroactive to November 6, 1992, the date the authority who issued it, Mr. Carlos Novoa Tello, took over as chairperson of the Administrative Commission. 14. The petitions indicate that failing to pass an evaluation process is not one of the grounds for the dismissal of public employees established in Legislative Decree No. 276, known as the 6 Communication from the petitioner received January 22, 2009, in the context of petition 12.214, annexes, Informe de la Comisión Especial Encargada de Revisar los Ceses Colectivos de Personal del Congreso de la República (Report on the Special Commission Entrusted with Reviewing the Collective Dismissals of Staff of the Congress of the Republic), published December 20, 2001. 7 Law 27803 of July 29, 2002, Article 3. 8 Until October 2010 the Ministry of Labor and Job Promotion had published four lists of former workers irregularly dismissed. These lists are available at the link: www.mintra.gob.pe/mostrarContenido.php?id=196&tip=195. 3