10
All the above mentioned witnesses were proposed by the representative,
in their capacity as alleged victims, as members of the Association of
Discharged and Retired Employees. They rendered statements about the
alleged economic, personal and family consequences they have suffered
due to the alleged non-compliance with the decisions of the Constitutional
Court of Perú, which are the subject-matter of the case at hand, and they
also declared about the alleged actions taken through the Association of
Discharged and Retired Employees at both, the domestic and international
level in order to comply with said decisions and with the results thereof as
well.
f)
Javier Cabanillas Reyes, deponent for informative purposes
proposed by the Commission; Peruvian legal expert witness. His statement
dealt with the proceedings to enforce judgments followed by the 66º
Specialized Civil Court of Lima, and with the expert report that allegedly
determines the total and updated amount of pensions accrued from April
1993 to October 2002, and
g)
Flavia Marco Navarro, expert witness proposed by the Commission;
she is a lawyer and expert in social security systems. Her statement
referred to the aspects of reparations and methods of compliance related
to the judgments issued by the Constitutional Court of Perú in the case at
hand.
24.
During the public hearing of this case, the Court received the statements
of the following witnesses:
a)
José Guillermo Ruiz Boto, alleged victim and witness proposed by
the representative. He rendered a statement, inter alia, about the alleged
consequences suffered by the alleged victims as a result of the alleged
non-compliance with the decisions of the Constitutional Court of Perú,
subject-matter of this case, and the alleged actions taken through the
Association of Discharged and Retired Employees both, at the domestic
and the international level, in order to comply with said judgments and,
b)
José Baltasar Vitkovic Trujillo, alleged victim and witness proposed
by the representative. He declared, inter alia, about the peculiarities of the
pension system of Decree-Law 20530, the alleged consequences suffered
by the alleged victims due to the non-compliance with the decisions of the
Constitutional Court of Perú, subject-matter of this case, and the alleged
actions taken, both, at the domestic and international level in order to
comply with such decisions.
25.
Apart from the statements and expert reports previously mentioned, the
Commission, the representative and the State forwarded evidence at several
procedural opportunities, as well as at the public hearing (supra paras. 9, 10 and
11).
B)
Evidence Assessment
26.
In the instant case, as ordered in other cases,15 the Court accepts the
validity of those documents and statements presented by the parties at the
appropriate procedural opportunity, under the terms of Article 44 of the Rules of
15
Cf. Case of Velásquez Rodríguez V Honduras. Merits. Judgment of July 29, 1988. Series C No.
4, para. 140; Case of Kawas Fernández, supra note 13, para. 39; and Case of Perozo et al., supra
note 13, para. 94.