4
if the State has partially complied with an aspect of the judgment [of the
Constitutional Court] by equalizing the pensions of the [alleged] victims by
November 2002, it has not complied with the duty to reimburse the amounts of
pensions owed from April 1993 to October, 2002".
3.
Based on the foregoing, the Commission requested the Court to declare
that the State is responsible for the violation of the rights enshrined in Articles 21
(Right to Property) and 25 (Right to Judicial Protection) of the American
Convention, in conjunction with Article 1(1) (Obligation to Respect Rights)
therein, to the detriment of 273 alleged victims. Consequently, the Commission
requested the Court, in accordance with Article 63(1) (Obligation to Repair) of the
Convention, to order the State to adopt “the measures necessary to effectively
comply with the judgments of the Constitutional Court of Perú rendered on
October 21, 1997 and January 26, 2001” as well as with the payment of “the
costs and expenses incurred by the [alleged] victims in the processing of the case
at the domestic level [and] before the [I]nter-American [S]ystem".
4.
On July 7, 2008 Mr. Javier Mujica Petit, lawyer in charge of the Human
Rights Program of CEDAL (hereinafter, the “representative”), and Mrs. Isabel
Acevedo León, president of the Association of Discharged and Retired Employees
filed the brief containing pleadings, motions and evidence (hereinafter, “brief of
pleadings and motions”) under the terms of Article 23 of the Rules of Procedure.
In said brief, the representatives requested the Court to declare that the State
has committed the same violations of the rights as alleged by the Commission
and they further alleged that the State is responsible for the violation of Article 26
(Progressive Development of the Economic, Social and Cultural Rights) of the
Convention, in conjunction with Article 1(1) (Obligation to Respect Rights)
therein. Moreover, they requested the Court to order the State the adoption of
certain measures of reparation and the reimbursement of costs and expenses. In
the same brief, it was mentioned that CEDAL “represents 248 discharged and
retired employees out of the 273 members of the Association determined in the
application" and that the "25 [alleged] victims or their next-of-kin, who are not
represented by [CEDAL], shall be represented by the Commission, according to
Article 33(3) of the Court's Rules of Procedure”. However, the powers of attorney
and records presented as appendixes to the application and the brief of pleadings
and motions allow this Tribunal to conclude that Mr. Mujica Petit represents 251
alleged victims and that, therefore, 22 people are represented by the
Commission.6
Urrelo Moreno De Cardich, Rosa; Valencia Amador, Elizabeth Milagro; Valencia Pacheco De Cárdenas,
Blanca Concepción; Valverde Bernal, Adolfo; Vargas Calvo, Alberto; Vargas Giles, Juan Augusto;
Vargas Prieto Vda. de Barcelli, María Esther; Vargas Salas, Cosme Marino; Vargas Salazar, Enrique
Eduardo; Vargas Salinas, Eileen G.; Vásquez Del Castillo, Elena; Vega Alarcón, César Augusto; Vela
Lazo De Peralta, Consuelo Emperatriz; Velarde Falcón, Amelia Juana; Velásquez Del Carpio, César;
Vicuña Arias De Valdez, Edelmira; Villalobos Rodríguez, Marcos; Villanueva Ipanaque, Carmen Isabel;
Vitkovic Trujiilo, José Baltasar; Vizcaya Jáuregui, Nicolás Ramiro; Yap Cruz, José Leoncio; Yarasca
Montano, Pedro Lucio; Yong Flores, Raúl; Zapata Barrientos, Pedro Sigifredo; Zapata Benites, Alberto;
Zavala Rivera, Víctor Manuel; Zavala Torres, Dora Jasmine; Zevallos Alzamora, Olga Cecilia, and
Zuloeta Camacho, Ángel.
6
The 22 alleged victims who did not grant a power of attorney to Mr. Javier Mujica Petit are:
Agüero Ayala, Zósimo; Aguilar Arévalo, Augusto Marcos; Banda De Palacios, Josefa Eusebia; Berríos
Berríos, Martha María Antonieta; Blas Moreno, Carmen; Cárdenas Abarca, Saúl Edmundo; Chapoñan
Prada, Ricardo; Defilippi Vda. de Queirolo, Adela; Falconi Delboy, Mercedes Gabriela; García Mendoza,
Rafael Francisco; Iturrizaga Arredondo, Rafael; Jiménez Lumbreras, Mauro Esteban; Lora Cortínez,
Juan; Marín Gil, Juan; Montero Garabito, Guillermina; Morales Martínez, Ángel; Moreno Dorado,
Blanca Frida; Odría Torres, Víctor Manuel; Ormeño Wilson, Julio Eduardo; Pérez Ugarte, Urbana
Eugenia; Sigarrostegui Bindels de González, Norma, and Vargas Prieto Vda. de Barcelli, María Esther.