13
two judgments of the Constitutional Court of Perú that would demonstrate the
alleged “ problems about the non-compliance with the judgments, in general [in
Perú] and in particular, the problems with social rights", which the Court
considers it is relevant and pertinent to determine the alleged context in which
the non-compliance with the judgments, subject-matter of this case, is framed;
b) answers of 95 members of the Association of Discharged and Retired
Employees of the Comptroller General of the Republic to questions as to the way
“the reduction in their pensions as of March, 1993 would have affected them",
which the Court considers it is relevant to analyze, if applicable, the alleged
pecuniary and non-pecuniary damage suffered by the alleged victims; c)
contracts entered into by the Law Firm Carlos Blancas Bustamante and a list of
costs and expenses allegedly incurred by the representatives, which is pertinent
and relevant for the determination, if applicable, of the costs and expenses
derived from this case; d) a list of active and dead members of the Association of
Discharged and Retired Employees and twenty-two (22) transcripts of probate
proceedings of dead pensioners that belonged to said Association, which is
pertinent and relevant for the determination, if relevant, of the distribution of
reparations that the Tribunal may order regarding the alleged dead victims.
Therefore, having determined that the evidence so challenged is pertinent and
relevant for the analysis of the case at hand, this Tribunal admits it into the body
of evidence and shall assess it according to the sound judgment rules, taking into
account the observations presented by the State.
35.
Likewise, the State objected to several items of evidence tendered by the
representative on June 22 and 23, 2009 related to the costs and expenses
incurred in the processing of the case from the year 2004 to 2008, which consist
of, inter alia, invoices and receipts for telephone services and for shipments,
materials, airplanes tickets, accommodation, reimbursement of mobility and
snack, and fees. The State pointed out that said evidence should have been
tendered "in the brief of pleadings and motions of the petitioners". In this regard,
the Court notes that these documents and vouchers were required by the Court
upon considering them relevant and necessary to determine, if applicable, the
reparations requested by the Commission and the representative in the instant
case. Therefore, the Tribunal admits such items of evidence, pursuant to Article
45(1) of the Rules of Procedure in order assess them together with the rest of the
body of evidence and according to the rules of sound judgment.
36.
The representatives as well as the State submitted additional evidence
together with the final written arguments (supra para. 10). The Tribunal notes
that the documents contained in Appendixes 1 and 3 of the final written briefs of
the representatives, namely, Report Nº 08-2008-JUS/CNDH-SE-CESAPI of
January 14, 2008 and the Administrative Order Nº 022-2001-CG/B190, already
form part of the body of evidence, corresponding to Appendixes 1.61 and 4.8 of
the application, respectively and that these were already admitted by the Tribunal
(supra para. 26). The following documents presented as Appendixes to the final
written arguments of the State also form part of the body of evidence: a)
Appendix 2, entitled “Judgments of the Constitucional Court of October 21, 1997
and January 26, 2001”, corresponds to Appendixes 4.3 and 4.7 of the application
and b) Appendixes 4, 5 and 6, that contain Orders Nº 291, 298 and 299 of the 4º
Specialized Civil Court of the Superior Court of Justice of Lima, correspond to
Appendixes 3.2, 3.4 and 3.6 of the State’s observations to the affidavits, the
admissibility and assessment of which was already decided by the Tribunal (supra
para. 29).
37.
Notwithstanding the foregoing, the State and the representatives
submitted several documents together with the final written arguments, which
had not been submitted at the appropriate procedural opportunity, under the