17
Supreme Decree No. 036-93-EF, the time limit had not expired, but that this
norm was not incompatible with the State’s Constitution. The Association filed an
‘extraordinary appeal’ (appeal after execution of the judgment) against this
decision before the Constitutional Court. In a judgment of October 21, 1997, the
Constitutional Court reversed the judgment delivered by the Constitutional and
Social Law Chamber of the Supreme Court of Justice of the Republic and
confirmed the decision issued by the First Specialized Civil Chamber of the
Superior Court of Justice of Lima of December 14, 1993. Consequently, it
established that “the right to an adjustable pension of Social Security is
guaranteed for all the beneficiaries of the Public Administration, whose exercise is
enshrined in the Constitution, is unalienable and any provision contrary to it is
null and void.”27 Furthermore, it emphasized that the “payment of the pensions
constitutes an ongoing, periodic and continuing act and that said act has been
repeatedly violated, in each new opportunity, by the defendant entity.”28
46.
On December 10, 1997 the Final Judgment of the Constitutional
Tribunal of Perú was notified. As from that, the First Transitional Corporative
Public Law Court ordered, on more than one occasion, MEF and the Comptroller’s
Office to comply with the rulings in the judgment of the Constitutional Court.29 On
October 6, 1998, the MEF Public Prosecutor requested said Court to annul the
order considering that it did not correspond to MEF, but rather to CGR, to comply
with the decisions of the Constitutional Court. On October 16, 1998, the Public
Law Court declared the MEF Public Prosecutor’s request inadmissible and the
prosecutor filed an appeal. Moreover, on January 5, 1999, CGR indicated that it
was negotiating with MEF the resources with which to make the payment. Finally,
by means of Order of February 12, 1999 and in consideration of the lack of
suitability of the action for Amparo to solve the case, the Transitional Corporative
Public Law Chamber of the Superior Court of Justice of Lima issued a ruling
annulling the decision of October 16, 1998, and declaring any measures taken to
execute it to be null and void, “[safeguarding the right of the Association [...] in
order for it to enforce the right through the appropriate means.”30
47.
Considering this new ruling, on May 27, 1999 the Association filed a
second action for amparo with the Constitutional and Social Law Chamber of the
Supreme Court of Justice of the Republic asking: 1) “the inapplicability to the
case of Order dated February 12, 1999 "; 2) “that the case be returned to the
stage of execution of judgment” and 3) “the payment of expenses and costs of
the proceeding.”31 On May 5, 2000, said Chamber confirmed the decision of
February 12, 1999 and, consequently, on May 27, 2000, the Association filed an
appeal (after execution of judgment) before the Constitutional Court contesting
this decision.
48.
In a ruling of January 26, 2001, the Constitutional Court reversed the
27
Judgment of October 21, 1997 of the Constitutional Court of Perú (Records of Appendixes to
the application, Appendix 4.3, volumen 6, pages 1663, reason N°4).
28
Judgment of October 21, 1997 of the Constitutional Tribunal of Perú, supra note 27 (page
1663, ground Nº 5).
29
Orders of June 17, July 15 and December 14, 1998 of the First Transitional Corporative Public
Law Court of the Supreme Court of Justice of Lima (Records of Appendixes to the application,
Appendix 4.4, volume 6, pages 1678-1679, and 1720 ).
30
Order of February 12, 1999 of the First Transitional Corporative Public Law Chamber of the
Superior Court of Lima (Records of Appendixes to the application, Appendix 4.5, volumen 6, pages
1681-1682).
31
Application for amparo filed by the alleged victims before the President of the Transitional
Corporative Public Law Chamber (Records of Appendixes to the application, Appendix N° 4.6, volume
6, pages 1685-1715).