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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