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agreement, but they were never able to achieve this. In addition to these actions,
they filed criminal proceedings to enforce the judgments of the Supreme Court of
Justice and, as a result, the SBS issued administrative decisions in the case of the
five pensioners, ordering that their pensions should be reimbursed, but these
decisions were never implemented.
All of this made the witness and his family feel powerless, since they were unable to
obtain any result. His family comprises his wife and two children, who are now 40
years of age and 32 years of age. With the pension, the witness paid his household
expenses, his children’s studies, the family medical insurance, and other expenses
and items. Apart from the pension, he had no other income to support himself,
because at his age it is difficult to obtain another income. The reduction of the
pension caused him financial, psychological and non-pecuniary damage. His family
had to decrease its monthly budget. His son studied in the Universidad del Pacífico,
a private university, and had to transfer to the Universidad Garcilazo de la Vega, a
State university. The reduction in the pension affected the mental health of his
family and himself.
In view of the Commission’s recommendations and the annulment of Decree Law No.
25792, the State paid the five pensioners the amounts it owed them for the ten
years that it had reduced the pensions. The judgments did not include a statement
of the amount owed; this was prepared by the SBS. The pensioners accepted the
amounts that they were paid, but one article of the SBS decisions states that these
payments are subject to the judgment of the Inter-American Court. This is a threat
that it might be necessary to pay back part of the amount.
Currently, the amount of the witness’s pension in dollars is approximately
US$3,500.00 (three thousand five hundred United States dollars), without including
bonuses, and he has received, in dollars, as repayment for the ten years that the
pension was not paid correctly and with the corresponding equalizations
approximately US$350,000.00 (three hundred and fifty thousand United States
dollars) or US$380,000.00 (three hundred and eighty thousand United States
dollars). This pension is not subject to income tax at present, but it is subject to
“previal” tax. The salary of the acting official is subject to income tax.
In a recent television interview, when asked whether he considered it fair that,
having had a salary of US$1,200.00 (one thousand two hundred United States
dollars), his pension today could be US$3,600.00 (three thousand six hundred
United States dollars) and that he had received a repayment of US$380,000.00
(three hundred and eighty thousand United States dollars), he answered that, in
effect, “the pensions were high, the amounts received were high, but unfortunately
that was the law, what the law established.”
He would be grateful if the Court would decide that the article included in the SBS
administrative decision of 2002, referring to the Court’s judgment should be
eliminated, so that he could enjoy peace of mind.
c.
Expert report of Máximo Jesús Atauje Montes, economist and
legal expert
The expert witness referred to loss of income, consequential damage, and the legal
interest payments that, in his opinion, correspond to the alleged victims.
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