72 Supreme Court of Justice of Peru and the Constitutional Court.” With regard to the those entitled to the measures of reparation, the Commission indicated that the affected parties are Carlos Torres Benvenuto, Javier Mujica RuizHuidobro, Guillermo Álvarez Hernández, Reymert Bartra Vásquez and Maximiliano Gamarra Ferreyra, and, since the latter has died “payment of his pension as well as the compensation that the Court may decide should be paid to his sole universal heirs: his wife, Sara Elena Castro Remy, and his daughters, Sara Esther Gamarra Castro and Patricia Elena Gamarra Castro”; c) Regarding the other forms of reparation, to order the State to annul and terminate, retroactively, the effects of article 5 of Decree Law No. 25792 of October 23, 1992, in view of its incompatibility with the American Convention. Also, it requested the Court to order Peru to conduct a complete, impartial and effective investigation into the facts in order to establish responsibilities for the failure to comply with the above-mentioned judgments delivered by the Supreme Court of Justice and by the Constitutional Court, “and, using criminal, administrative or any other relevant procedure, apply to those responsible the pertinent punishments that are appropriate to the gravity of the said violations”; and d) To order the State to pay the costs arising from processing the judicial proceedings in the domestic sphere, and also those incurred at the international level by processing the case before the Commission and the Court. The arguments of the representatives of the alleged victims and their next of kin 170. The representatives of the alleged victims and their next of kin alleged the following considerations with regard to reparations, costs and expenses: a) With regard to the beneficiaries of the reparations, they indicated that “the five pensioners and their next of kin suffered the consequences of not having received the amounts that corresponded to them for the equalized pension to which they were entitled for almost ten years.” In addition to the five pensioners, the representatives of the alleged victims and their next of kin indicated the names of the next of kin who they consider are also beneficiaries of the reparations; b) The State should reestablish the right of the five pensioners to the equalized pension under the same terms and conditions as those under which it was established at the time of their retirement, by issuing SBS administrative decisions, to be published in the Official Gazette El Peruano and in another newspaper with wide national circulation; c) As a second measure to reestablish the situation prior to the violation, they indicated that the State should pay the differences between the pension amounts received by the five pensioners and the amounts that they should have received each month if their pensions had not been arbitrarily reduced, together with the corresponding interest on the arrears. They added that these calculations should be made on the basis of “the amounts received since November 1992, as salary, by persons occupying the positions or performing similar functions to those performed by the victims at the time of

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