REPORT Nº 47/02 1
ADMISSIBILITY
PETITION 12.357
PERU
NATIONAL ASSOCIATION OF DISCHARGED AND RETIRED STAFF OF THE OFFICE Of The
COMPTROLLER GENERAL OF THE REPUBLIC OF PERU
[ASOCIACIÓN NACIONAL DE DESANTES Y JUBILADOS DE LA CONTRALORÍA GENERAL DE LA
REPÚBLICA DEL PERÚ]
October 9, 2002
I.
SUMMARY
1. By a petition lodged with the Inter-American Commission on Human Rights (hereinafter “the
Commission” or “the IACHR”) on November 12, 1998, and enlarged upon on January 24, 2000,
the members of the National Association of Discharged and Retired Staff of the Office of the
Comptroller General of the Republic of Peru [Asociación Nacional de Cesantes y Jubilados de la
Contraloría General de la República del Perú] and the Labor Advisory Center [Centro de
Asesoría Laboral] (CEDAL) (hereinafter “the petitioners”) denounced that by its failure to
enforce judgments of Peru’s Constitutional Court, the Republic of Peru (hereinafter “Peru,” “the
State,” or “the Peruvian State”) had violated the right to private property, the right to a fair
trial and the right to judicial protection, recognized in Articles 21, 8 and 25 of the American
Convention on Human Rights (hereinafter the “Convention” or the “American Convention”), to
the detriment of Isabel Acevedo León and other members of that Association, and had thereby
also violated its generic duty under Article 1(1) of the Convention to protect the rights
recognized therein and to guarantee their free and full exercise to all persons subject to its
jurisdiction.
2. The Peruvian State did not file any objection challenging the admissibility of the petition
under study.
3. Pursuant to Articles 45 and 47 of the Convention, the Commission hereby decides to admit
the petition in regard to the alleged violations of Articles 8, 21, 25 and 1(1) of the American
Convention and to institute proceedings on the merits of the case. The Commission also
decides to notify the parties of its decision, to publish it, and to include it in its Annual Report
to the OAS General Assembly.
II.
PROCEEDINGS WITH THE COMMISSION
4. On January 26, 2001, the Commission forwarded the pertinent parts of the petition to the
Peruvian State and asked that it supply relevant information within a period of 90 days. Peru
replied on April 27, 2001. The petitioners provided additional information on June 28, 2001.
III.
POSITIONS OF THE PARTIES
A.
The petitioners’ position
5. The petitioners argue that Mrs. Isabel Acevedo León and the other petitioners spent their
active working years as staff members of the Office of the Comptroller General of the Republic
of Peru. Since reaching retirement age, and having met the necessary legal requirements, they
had been enjoying–for many years in some cases-the right to a severance and retirement
pension that was readjusted and renewed to keep pace with the salaries and wages, benefits
and bonuses received by that institution’s active employees. This was all dictated by the
retirement and pension system regulated by decree law 20,530. As discharged or retired
1 Pursuant to the terms of Article 19(2) of the Regulations of the Commission, Commissioner Susan Villarán, a
national of Peru, did not participate in the discussion or decision on the present case
1