19 51. By Decision No. 244 of July 23, 2007,37 the 66° Specialized Civil Court of Lima approved “the amount of 240.204.220.66 (two hundred and forty millions, two hundred and four thousand, two hundred and twenty with 66 cents] new soles, which corresponded to the adjustable pensions owed and unpaid by the [CGR], plus interest from April 1993 to October, 2002 according to the terms of the corresponding Expert Report[s]”38 “and ordered […] to comply with […] the payment within the third day […] as of notice” of said decision. Nevertheless, by means of the Decision N° 298, the Fourth Specialized Civil Court of the Superior Court of Justice of Liman Ordered a new calculation by the expert witness, taking into account that the Sixth Civil Chamber of that court had declared Decision No. 244 null and void by Order of July 1, 2008.39 * * * 52. It is an undisputed fact that, by means of judgments of October 21, 1997 and January 26, 2001, the Constitutional Court of Perú declared that the application of a rule contrary to the Constitution, in force at that moment, unduly restricted the right to an adjustable pension as required by the alleged victims (supra paras. 45 and 48). Therefore, in accordance with the purpose of the instant case, it is not up to the Tribunal to analyze whether the alleged victims had the right to receive an adjustable pension or whether the State violated such right. These issues were already decided in favor of the alleged victims by means of said domestic judgments. 53. It is also an undisputed fact that, between the months of April 1993 and October 2002, the alleged victims received a non-adjustable pension amount, which was much lower than the pension amount that corresponded to them according to the regime of adjustable pension they opted for. The disputed fact and which forms part of the purpose of this case is the payment of the amounts corresponding to the adjustable pension that the alleged victims stopped receiving from April 1993 to October 2002. 54. According to the Commission and the representative, there is no dispute as to the existence of the obligation to pay to the alleged victims the 42.4 If after six months of the judicial notification, the payment was not made or ordered, in accordance with the procedures established in numerals 42.1, 42.2 and 42.3 above mentioned, the interested party shall proceed to commence the procedure for the enforcement of judicial Orders, as provided in Article 713º and subsequent of the Civil Procedural Code. Public Assets shall not be subjected to enforcement according to Article 73º of the Political Constitution of Perú. 37 Decision N° 244 of July 23, 2007 issued by the 66° Specialized Civil Court of Lima (Records of appendixes to the application, Appendix N° 4.9, volume 6, pages 1732- 1740). 38 Expert Report N° 090-2006-PJ-JC, clarified by the Expert Report N° 113-2007-PJ-JC, clarified, in turn, by Expert Report Nº 12-2007-PJ-JC (Records of Appendixes to the application, Appendix 4.9, Volume 6, ages 1732-1740). 39 The 4° Specialized Civil Court of the Supreme Court of Justice of Lima decided: “considering the date of the previously official letter from the Sixth Civil Chamber of the Superior Court of Justice of Lima, with Order dated July 1, 2008, it was DECIDED: TO DECLARE the decision Number Two Hundred and Forty-Four NULL AND VOID, which declared the observations made by the defendant to be well-grounded and consequently, it is ordered that the final judgment be complied with as well as decisions Two Hundred and Eighty-Seven, Two Hundred and Eighty-Eight, Two Hundred and Ninety and Two Hundred and Ninety-One” (Record of Appendixes to the brief of final arguments presented by the State, Appendix 5, page 2721). Order Nº 291 of the Fourth Court ordered “TO REFER the proceedings to the Expert Technical Team of the Superior Court of Justice of Lima, so that the Expert Witness, Javier Cabanillas Reyes, complies with the new calculation of the pensions owed and unpaid in the instant proceeding in accordance with the terms of the judgment and the terms of Order twohundred and eighty-eight, two-hundred and ninety and this Order” (Record of Appendixes to the brief of final arguments presented by the State, Appendix 5, page 2720).

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