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the time when salary adjustments were made; and also to make the corresponding
reimbursements, as indicated in the attached appendix [...], which forms an integral
part of the [...] Decision”83.
89(l) In representation of Javier Mujica Ruiz-Huidobro, Javier Mujica Petit filed a
compliance proceeding against the Superintendent of Banks and Insurance of the
SBS84. On May 13, 1997, the Second Public Law Court of Lima declared the
compliance proceeding admissible85. This decision was appealed and on October 13,
1997, the Transitory Corporative Public Law Chamber of the Superior Court of Justice
of Lima “revoked the appealed [decision] and reformulating it, declared it
inadmissible”86. Finally, on July 9, 1998, the Constitutional Court of Peru revoked
the decision of the said Corporative Chamber and declared the compliance
proceeding admissible; consequently it decided “that the Superintendent of Banks
and Insurance must comply with the provisions of Decision SBS No. 330-95 of May
4, 1995”87.
89(m) On March 12, 2002, the SBS issued administrative decision No. 253-2002, in
which, inter alia, it ordered “[t]hat Decision SBS No. 330-95, of May 4, 1995, should
be complied with, deducting from the sum to be paid to Javier Mujica Ruiz Huidobro
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. 330-95, 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”88.
83
Cf. administrative decision SBS No. 330-95 of May 4, 1995, with regard to Javier Mujica RuizHuidobro (file of appendices to the application, appendix 51, folios 194 and 195).
84
Cf. infra note 87.
Cf. decision No. 10 of the Second Public Law Court of Lima delivered on May 13, 1997,
regarding the compliance proceeding filed by Javier Mujica Petit representing Javier Mujica RuizHuidobro (file on merits and possible reparations, tome II, appendix 9 of the brief answering the
application, folios 464 to 467).
85
86
Cf. infra note 87.
87
Cf. 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 representing Javier Mujica Ruiz-Huidobro (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).
88
Cf. administrative decision SBS No. 253-2002 of March 12, 2002, with regard to Javier Mujica
Ruiz-Huidobro (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).
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