pensions76; (iii) one alleged victim resides abroad77 and received compensation78; (iv) three alleged victims
have died without receiving any benefits79; and (v) six alleged victims obtained new employment contracts
with Enapu and later opted for the voluntary retirement program that the company proposed to them, hence
their termination from service.80
2.
MEF
80.
The third list of irregularly dismissed workers was published in the Official Gazette El
Peruano on October 2, 2004. On it were the alleged victims Lucio Chávez Quiñónez and Segundo León
Barturén.81
81.
According to information from the petitioners, Lucio Chávez and Segundo León were granted
new employment contracts with the MEF in 2013, after suing following the release of the list in which they
were included as irregularly dismissed workers.82
82.
Eduardo Colán died in February 2003.83two months after the adoption of Ministerial
Resolution No. 563-2002-EF/43 of December 26, 2002, which ordered his reinstatement in service "in light of
documents attesting that at the time of his dismissal he was suffering from an incurable disease.”84
83.
The 12 remaining alleged victims lodged a request for review under Law No. 29059.85 That
Law granted the Executive Committee established by Law No. 27803 powers to review the cases of former
workers who invoked a review due to their non-inclusion in any of the ministerial resolutions.86
84.
The State said that this group of alleged victims "did not meet the formal requirements set
forth in Article 1 of Law No. 29059, for which reason they were considered ineligible; that is, they did not
satisfy the formal requirements contained in the law that would have afforded them access to the additional
and final evaluation by the ... Committee.”87
76 Alfredo Vásquez, Eduardo Rivadeneyra, and Fermín Urcia. Annex 49. Resolution of the Office of the General Manager of
Enapu of September 7, 2004. Enclosed with the State’s communication of June 13, 2005.
77 David Desiglioli. Annex 50. Official letter No. 1920-2005 ENAPU S.A./GCA/GPDH, dated June 7, 2005. Enclosed with the
State’s communication of June 13, 2005. See: Annex 51. Report No, 008-2012-ENAPU S.A./OAJ/SPJ, dated February 10, 2012. Enclosed
with the State’s brief of August 2, 2012.
78
Annex 52. State’s brief of January 15, 2015.
Abraham Cano, Fernando Padilla, and Nancy Macgregor. Annex 53. Official letter No. 293-2007-FENTENAPU, dated
November 16, 2007. Enclosed with the petitioners' communication of December 17, 2007.
79
80 Cecilio Ríos, Ernesto Meza and Victor Acuña in July 2011. See: Annex 54. Settlement of fringe benefits – PRI for Cecilio Ríos,
Ernesto Meza and Victor Acuña,. Enclosed with the State’s brief of August 2, 2012. Renzo Torero. See: List of personnel without an
employment relationship. Appendix to the State’s brief of March 26, 2013. Antonio Rodriguez, Renzo Torero and Rogelio Delgado were
incorporated to the voluntary retirement program later. See: Annex 55. State’s brief of January 15, 2015.
81
Annex 56. Available at : http://www.mintra.gob.pe/mostrarContenido.php?id=196&tip=9
82
Annex 57. State's communication of February 4, 2010. Petitioners’ communication of February 3, 2009.
83
Annex 58. Petitioners' communication of April 22, 2008.
84
Annex 59. State’s communication of September 30, 2005.
Annex
60.
Law
No.
29059
was
adopted
on
July
6,
2007.
Available
at:
http://www2.congreso.gob.pe/Sicr/TraDocEstProc/TraDoc_condoc_2006.nsf/d99575da99ebfbe305256f2e006d1cf0/6f32aacff48db71
30525732500574144/$FILE/29059.pdf
85
86
Annex 61. State’s communication of February 29, 2008.
87
Annex 62. State’s communication of September 21, 2009.
16