36
89(t) On March 12, 2002 the SBS issued administrative decision No. 252-2002, in
which, inter alia, it ordered “[t]hat decision SBS No. 331-95 of May 4, 1995, should
be complied with, deducting from the sum to be paid to Guillermo Álvarez
Hernández, the amounts that the Ministry of Economy and Finance has paid to him
in application of article 5 of Decree Law No. 25792, from November 1, 1992, to
January 23, 2002.” In the third article of this 2002 decision, the SBS “[reserved] the
right […], in accordance with the judgment of the Inter-American Court of Human
Rights[…], to deduct the sum that may have been paid in excess when complying
with Decision SBS No. 331-95, of May 4, 1995; in which case, the provisions of
article 53 of Decree Law No. 20530, which expressly authorizes encumbering
pensions to pay debts, will be taken into consideration”109.
89(u) On March 18, 2002, the SBS paid Mr. Álvarez Hernández the amount
determined in administrative decision No. 252-2002, corresponding to repayment of
the amounts of the equalized pension he had failed to receive from November 1992
to February 2002; this did not include interest payments110. In March 2002, the
equalized pension was reestablished and, as of April 2002, Mr. Álvarez Hernández
has received the equalized payment of his pension; currently, he receives a monthly
pension of approximately S.22,547.34 (twenty-two thousand five hundred and fortyseven soles and thirty-four cents)111.
Maximiliano Gamarra Ferreyra
89(v) Mr. Gamarra Ferreyra began to work in the Public Administration in 1954 and
ceased to work at the SBS on September 18, 1975112. The last position he occupied
in this institution was that of Superintendent of Banks and Insurance113. At the time
109
Cf. administrative decision SBS No. 252-2002 of March 12, 2002, with regard to Guillermo
Álvarez Hernández (file on merits and possible reparations, tome IV, appendix 6 of the communication
of July 22, 2002, presented by the representatives of the alleged victims and their next of kin, folios 983
to 986).
110
Cf. testimony provided to the Court by Guillermo Álvarez Hernández on September 3, 2002;
administrative decision SBS No. 252-2002 of March 12, 2002, with regard to Guillermo Álvarez
Hernández (file on merits and possible reparations, tome IV, appendix 6 of the communication of July
22, 2002, presented by the representatives of the alleged victims and their next of kin, folios 983 to 986);
and communication of July 22, 2002, presented by the representatives of the alleged victims and their
next of kin (file on merits and possible reparations, tome IV, folio 898).
111
Cf. testimony provided to the Court by Guillermo Álvarez Hernández on September 3, 2002;
communication of July 22, 2002, presented by the representatives of the alleged victims and their next of
kin (file on merits and possible reparations, tome IV, folio 899); and administrative decision SBS No.
252-2002 of March 12, 2002, with regard to Guillermo Álvarez Hernández (file on merits and possible
reparations, tome IV, appendix 6 of the communication of July 22, 2002, presented by the
representatives of the alleged victims and their next of kin, folios 983 to 986).
112
Cf. administrative decision SBS No. 398-75-EF/97-10 of October 21, 1975, with regard to
Maximiliano Gamarra Ferreyra (file of appendices to the application, appendix 18, folios 76 and 77).
113
Cf. supra note 112.
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