25
88(l) Three of the alleged victims filed compliance proceedings against the
Superintendent of Banks and Insurance. When ruling on these actions in 1998 and
2000, the Constitutional Court of Peru decided that the SBS must comply with the
provisions of its 1995 administrative decisions.
The said judgments of the
Constitutional Court were published in the Official Gazette El Peruano45.
88(m) On January 21, 2002, the Congress of the Republic of Peru promulgated Act
No. 27650, by which it annulled article 5 of Decree Law No. 25792 and the second
transitory provision of Legislative Decree No. 680. This act was published in the
Official Gazette El Peruano on January 23, 200246.
88(n) On March 12, 2002, the SBS issued five decision in which, inter alia, it
decided to comply with the SBS decisions issued in 1995, “deducting from the sum
to be paid to [the five pensioners] the amounts that the Ministry of Economy and
Finance had paid [them], in application of article 5 of Decree Law No. 25792, from
November 1, 1992, to January 23, 2002.” In the third article of these 2002
decisions, the SBS “[r]eserved 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 [the 1995 decisions]; 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”47.
administrative decision SBS No. 251-2002 of March 12, 2002, with regard to Maximiliano Gamarra
Ferreyra (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 979 to 982);
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);
administrative decision SBS No. 253-2002 of March 12, 2002, with regard to Javier Mujica RuizHuidobro (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 987 to 990);
and administrative decision SBS No. 254-2002 of March 12, 2002, with regard to Reymert Bartra
Vásquez (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 991 to 994).
45
Cf. judgment of the Constitutional Court of Peru delivered on August 3, 2000, regarding the
compliance proceeding filed by Carlos Torres Benvenuto (file of appendices to the application, appendix
54, folios 202 to 205); judgment of the Constitutional Court of Peru delivered on December 21, 2000,
published in the Official Gazette El Peruano on April 25, 2001, regarding the compliance proceeding
filed by Guillermo Álvarez Hernández against the Superintendent of Banks and Insurance (file of
appendices to the application, appendix 58, folios 214 and 215); and judgment of the Constitutional
Court of Peru delivered on July 9, 1998, published in the Official Gazette El Peruano on October 16,
1998, regarding the compliance proceeding filed by Javier Mujica Petit (file of appendices to the
application, appendix 55, folios 206 to 208 and file on merits and possible reparations, tome II, appendix
9 of the answer to the application, folio 412).
46
Cf. Act No. 27650 of January 21, 2002, published in the Official Gazette El Peruano on January
23, 2002 (file on merits and possible reparations, tome II, appendix 1 of the answer to the application,
folio 314).
47
Cf. administrative decision SBS No. 250-2002 of March 12, 2002, with regard to Carlos Torres
Benvenuto (file on merits and possible reparations, tome IV, appendix 6 of the communication of July
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