Enrollment in the Register is a mandatory requirement in order voluntarily to have access to exclusively one of the benefits envisaged herein. Supplementary Provision 4.- This law covers the irregular dismissals of former employees who had judicial proceedings in progress, provided that they desist from their claims before the courts. 74. The Ministry of Labor has published lists of workers who were irregularly dismissed from the public sector under the previous law. The Ministry of Labor and Employment Promotion had published four lists of irregularly dismissed former employees.68 D. Situation of the victims in this case with respect to those initiatives 1. Enapu 75. Law No. 27396 was adopted on January 12, 2001, repealing Executive Decree No. 003-96- PCM69 76. 25 individuals On October 15, 2002, the Vice Minister of Transport and Communications admitted that the who are named as alleged victims were irregularly dismissed.70 77. On December 2, 2002, the then-director of ENAPU requested the reinstatement of the 28 former workers "as a demonstration of the change of attitude on the current board of directors and because personnel will be needed to handle machinery and for various services.” 71 The Board of Directors decided "to instruct the administration to proceed with the necessary formalities for hiring those individuals ... within 30 days." 78. On March 27, 2003 the second list of irregularly dismissed former workers, which includes the alleged victims in this case from Enapu, was published in the Official Gazette El Peruano.72 That resolution provides: Article 3. The former employees included in the aforesaid list ... shall have five business days counted from March 31, 2003, to choose one of the benefits provided in Article 3 of Law No. 27803, which choice should be communicated at any of the offices of the Administrative Labor Authority in the country.73 79. The Commission has information that, to date, (i) twelve of the alleged victims74 have been hired by ENAPU under a new employment contract75; (ii) three of the alleged victims have retired on 68 Annex 43. The lists are available at www.mintra.gob.pe/mostrarContenido.php?id=196&tip=195. 69 Annex 44. Law No. 27396. Available in Spanish at: http://docs.peru.justia.com/federales/leyes/27396-jan-11-2001.pdf Annex 45. Official letter No. 767-2002-MTC/15.02 from the Vice Minister of Transport and Communications, dated October 15, 2002. Annex 4 to the petitioners' communication of April 19, 2004. 70 71 Annex 45. Official letter No. 767-2002-MTC/15.02 from the Vice Minister of Transport and Communications, dated October 15, 2002. Annex 5 to the petitioners' communication of April 19, 2004. 72 Annex 46. Ministerial Resolution No. 059-2003-TR. Second List of Former Employees Irregularly Dismissed under the Laws 27452, 27586, and 27803. Enclosure in file 1. 73 Annex 46. Ministerial Resolution No. 059-2003-TR. Second List of Former Employees Irregularly Dismissed under the Laws 27452, 27586, and 27803. Enclosure in file 1. 74 Justo Azcarate, Alberto Antonio Chala, Juan Espinoza, Jorge García, Jose Nolasco and Isi Rosas. Marco Castro, Honorato Mayorga and Carlos Lizarbe were later hired. Gladys Delgado, Rufino Ysique, and Juan Marraguerra were later hired. See: Annex 47. General Resolution No. 005-2009-ENAPUSA/GG of January 7, 2009. Enclosed with the petitioners' communication of November 13, 2009. 75 Annex 48. Letters from Enapu, dated August 25, 2003. Enclosed with the petitioners' communication of February 22, 2005. Letters from Enapu, dated August and October 2004. Enclosed with the petitioners' communication of February 22, 2005. 15