23
Presidency of his country from Japan; consequently, Congress appointed Valentín
Paniagua Corazao, who was then President of Congress, as President of the
transition Government, so that he could call elections.17
The dismissal of the congressional employees
89(7) On April 16, 1992, the “Emergency and National Reconstruction Government”
issued Decree Law No. 25438 establishing the Commission to Administer the
Patrimony of the Congress of the Republic (hereinafter “Administrative
Commission”), mandated “to adopt the administrative measures and prepare the
personnel actions that [were] necessary.”18
89(8) On May 6, 1992, Decree Law No. 25477 stipulated that the Administrative
Commission should “initiate an administrative streamlining process, to be concluded
within 45 days of the publication of [the said] decree.”19
89(9) Decree Law No. 25640 of July 21, 1992, authorized the implementation of the
process to streamline the personnel of the Congress of the Republic.20 This decree,
under which the 257 alleged victims in this case were dismissed, established, inter
alia:
Article 2. […] Congressional employees subject to the labor regime of Legislative Decree
No. 276 and its Regulation may request their termination by renouncing the
administrative career, and claiming the payments that this law establishes.
Article 3. The personnel who terminate their employment pursuant to the preceding
article shall receive: (a) a financial incentive, [and] (b) an additional incentive [for
personnel subject to the pension regime of Decree Law No. 20530].
17
A well-known fact.
18
Cf. Article 1 of Decree Law No. 25438 of April 16, 1992, published on April 20, 1992,
“constituting a Commission to administer the patrimony of the Congress of the Republic” (file of
appendixes to the application, tome I, appendix 6, folio 492).
19
Cf. Article 4 of Decree Law No. 25477 of May 6, 1992, published the following day, which
established the terms of reference of the transitory Administrative Commission of the Legislative
Chambers (file of appendixes to the application, tome I, appendix 7, folio 495). This Commission was
presided by retired Peruvian Army Brigadier General Wilfredo Mori Orzo. On October 22, 1992, General (r)
Wilfredo Mori Orzo requested leave, which was granted the same day for 60 days. Supreme Resolution
532-92-PCM, issued on November 5, 1992, and published the following day, established that General (r)
Mori Orzo would be replaced by Colonel (r) Carlos Novoa Tello as of that date, “during the absence of the
incumbent.” On November 6, 1992, Colonel Novoa Tello, acting as President of the Administrative
Commission, issued Resolution No. 1303-92-CACL, which was published on November 9, 1992. This
Resolution adopted the merits classification for the evaluation and selection procedure for the personnel of
the Congress of the Republic. (Cf. Supreme Resolution No. 498-92-PCM of October 22, 1992, granting
leave to the PCM Adviser and President of the Commission to Administer the Patrimony of the Congress of
the Republic (file of appendixes to the application, tome I, appendix 10, folio 501); Supreme Resolution
No. 532-92-PCM of November 5, 1992, published the following day, with the mandate of the President of
the Commission to Administer the Patrimony of the Congress of the Republic (file of appendixes to the
application, tome I, appendix 11, folio 502); Resolution 1303-92-CACL of November 6, 1992, published on
November 9, 1992, adopted the merits classification for the evaluation and selection procedure for the
personnel of the Congress of the Republic (file of appendixes to the application, tome I, appendix 17,
folios 540 to 543).
20
Cf. Article 1 of Decree Law No. 25640 of July 21, 1992, published on July 24, 1992, authorizing
the Commission to Administer the Patrimony of Congress to carry out the process of streamlining the
personnel of the Congress of the Republic (file of appendixes to the application, tome I, appendix 8, folio
497).
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