12
additional compensation for non-pecuniary damage was granted to the victims in the
Judgment of the instant case. Therefore, it held that the reparation ordered by the CEE is
adequate and appropriate.
39.
That the common interveners expressed their disagreement with the reparations
ordered by the CEE and requested this Tribunal to order the body so established to follow
the parameters of reparation for violations of rights provided in the Inter-American system.
They noted, in the first place, that the wage ordered is less than what would correspond to
them under the labor system of the private sector, to which the employees of the current
Congress of the Republic are subjected and according to which the employees who were
arbitrarily dismissed have the right to collect, as a minimum reparation, a compensation
equivalent to one and a half ordinary and monthly wage for each complete year of services
rendered, up to a maximum of twelve wages. According to that current law, if the dismissal
of an employee were to be declared null and void, the employee would be reinstated into his
post and have the right to the wages he stopped receiving since the date of his dismissal up
to the effective reinstatement into his position. They also noted that the reparation ordered
by the CEE is lower than the amount required by the Law setting the main guidelines on
Administrative Career and Public Sector [Ley de Bases de Carrera Administrativa y del
Sector Público], to which the victims were subjected at the moment of their dismissal and
according to which they would be entitled to be reinstated into their posts and also, to a
financial compensation higher than the one ordered by the CEE. In the second place, the
common interveners emphasized that the compensation of two minimum wages as unique
reparation, and according to Act N° 27.803, is the same reparation that the State proposed
at the public hearing held during the consideration of the merits of the case, which was not
adopted by this Tribunal. In the third place, the common interveners sustained that the
reparation ordered by the CEE does not constitute a full restitution, and it neither
“eliminates the effects of the violations committed”, as required under the case-law of this
Tribunal.
40.
That some victims alleged that it existed and still exists the possibility of
progressively reinstating the victims into their positions. They note that with each public
administration, new employees are incorporated into the Congress and that many former
employees, victims of other collective dismissals, have been reinstated into their posts.
Other victims also expressed that, according to an Article of Peru 21 newspaper of July 7,
2009, approximately 500 staff positions have been created in the Congress and that,
therefore, it is not correct the Resolution of the CEE when it pointed out that "it is not, in
fact, possible to reinstate all or some of the former employees who were irregularly
dismissed". The State contested such information.
41.
That this Court considers that, given the fact that it had already established that the
body that made the decision did not comply with the requirement of independence so
required, the other arguments presented as to the decision on the mertis shall not be
discussed in this order. However, it is appropriate to recall that, under the terms of the
Judgment, the determination of the legal consequences of the irregular and unjustified
dismissals of the former employees of the Congress is independent from the decision made
in the Judgment as to the non-pecuniary damages. In turn, such consequences must be
determined by the pertaining domestic body, and the solution in each case must result in a
fair restoration of the rights violated and the reparation so ordered must seek the greater
restitution possible in relation to the situation of the victims, as if the facts of the instant
case had never occurred and based on the specific circumstances of each one of these
persons.
C. Competent legal advisory services, free of charge, for the victims in the