Constitutional Court granted their petition of amparo and thereby rendered inapplicable the
ruling delivered by the Lima Superior Court’s Transitional Corporatist Public Law Chamber on
February 12, 1999. It held that the judgment’s enforcement was to proceed, which meant that
the respective judicial body was to comply, immediately and unconditionally, with the order
contained in the Constitutional Court’s decision of October 21, 1997.
13. Thus, the petitioners argue that the ruling of the Constitutional Court becameres judicata
as of its issuance. Yet, despite repeated attempts to get the court ruling enforced, it has still
not been executed. By its failure to enforce that court ruling, the petitioners contend that the
Peruvian State has violated their right to property, their right to a fair trial and their right to
effective judicial protection, recognized, respectively, in Articles 21, 8 and 25 of the American
Convention, to the detriment of the members of the Association of Discharged and Retired
Staff of the Office of the Comptroller General of the Republic of Peru.
B.
The State’s position
14. The State has not challenged the admissibility of the petition under study.
15. The State alleges that the Office of the Comptroller General took several steps to comply
with the court order. It asked the Ministry of Economy and Finance to put back into the budget
of the Office of the Comptroller General, the appropriation necessary to cover the pensions of
the discharged and retired staff of the Office of the Comptroller General, beginning with the
2001 budget. It also adopted a resolution ordering parity between discharged and retired staff
of the Office of the Comptroller General and its active staff at various levels. However, it has
not yet complied with the ruling of the Constitutional Court.
IV.
ANALYSIS
16. The Commission will now examine the requirements that the American Convention
establishes for a petition’s admissibility.
A.
The Commission’s competence ratione materiae, ratione personae andratione
temporis
17. The Commission is competent ratione materiae because the petition alleges violations of
human rights protected by the American Convention.
18. Concerning its competence ratione personae, the Commission notes that the petitioners
are charging the Peruvian State with violations of human rights recognized in the American
Convention. Because Peru ratified that Convention on July 28, 1978, the Commission is
competent ratione personae to take cognizance of this petition, by express provision of Article
33 of the Convention. The petitioners are non-governmental organizations legally recognized in
Peru and, under Article 44 of the Convention, have the authority to file petitions with the
Commission. Therefore, insofar as the petitioners are concerned, the Commission is competent
ratione personae to take cognizance of this petition. The alleged victims are natural persons
whose Convention-recognized rights Peru pledged to respect and guarantee. Therefore, in that
respect the Commission is equally competent to hear the petition under study.
19. The Commission is competent ratione loci to hear this petition because the alleged
violations of Convention-protected rights were said to have occurred within the territory of a
State party to the Convention.
20. The IACHR is competent ratione temporis because by the time the facts alleged in the
petition occurred, the obligation to respect and guarantee the rights established in the
American Convention was already binding upon the Peruvian State.
3