measures and the voluntary acceptance of the petitioners in the case, they have
consented to the measures adopted by the State to provide a domestic solution to
complaints resulting from the collective dismissal. The petitioners allege that even if
several of them registered in the National Registry of Former Public Sector Workers
Irregularly Dismissed, and even if five had accepted the benefits that the cited
legislation had granted, the benefits received were less than their claims for reparation
and therefore the matter is still not considered resolved.
73.
The petitioners specifically maintain that even if to date three
petitioners have accepted the benefit of early retirement and two others have accepted
the benefit of reincorporation, none of them have received in integrum reparation for
the violations of which they have been victims. First, the petitioners allege that the
primary object of the petition has not been rectified, i.e. reinstatement to the post they
were performing under the same work and salary conditions with no discontinuity and
therefore recognition of seniority. Second, the petitioners allege that none of these
five people have received from the State any financial compensation for the damages
of which they have been victims as a result of the events that allegedly violated their
rights.
74.
The Commission, having established that the program of benefits
established for the fired workers do not prevent its hearing the matter, in this case
shall follow the doctrine established by the Inter-American Court in the Case of the
Dismissed Congressional Employees v. Peru. In said judgment the Court found that
“determination of the effects of some of the alleged victims having returned to work in
the institution from which they had allegedly been dismissed, and also the validity of
their claims for reinstatement, correspond to considerations that belong to the stages
on merits and, possibly, reparations.”26 In this sense, the Commission shall reserve
analysis of the measures alleged by the State for the corresponding merits phase. The
Commission, during its respective merits phase shall study, in accordance with the
evidentiary material brought by the parties, the consequences and effects that could
have been caused or determined from the alleged collection of social benefits by some
of the petitioners.
75.
As a result, the Commission considers that the facts alleged by the
petitioners regarding dismissal from the posts they performed at the company
Petróleos del Perú, PETROPERU S.A through application of an administrative process
that infringed on due process and especially since they were not allowed to exercise
their right to defense via an administrative challenge of their dismissals, as well as the
lack of effective judicial remedy, could characterize prima facie a violation of Articles 8
and 25 of the American Convention, all with regard to the obligations arising from
Articles 1.1 and 2 of the American Convention.
76.
The Commission also finds that the petitioners did not substantiate
autonomous facts that could constitute violations of the right to equal protection set
forth in Article 24 of the Convention. Likewise, the IACHR considers that the petitioners
did not submit sufficient elements of evidence to prove prima facie infringement upon
the principle of freedom from ex post facto laws set forth in Article 9 of the
Convention. Thus, the Commission declares these rights inadmissible.
26 I/A Court H.R., Case of the Dismissed Congressional Employees (Aguado Alfaro et al). Preliminary
Objections, Merits, Reparations, and Costs. Judgment of November 24, 2006. Series C No. 158, para. 70.
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