12
that “in the […] judgment of the Inter-American Court […] it was precisely
valued, in the ground [89.f] the ‘administrative decision [No. 289-2002], in
which inter alia it was decided “[t]o comply with SBS’s Decision No. 283-95
[of April 7, 1995],’ which means that the administrative decisions, subjectmatter of this precautionary measure, are not, actually, null and void, as the
SBS alleges to satisfy the requirement of credibility, and should this be the
case, the request for precautionary measure has no legal ground, and it
would not be necessary to review the compliance with the requirement of
danger in the delay, given that since both requirements must be fulfilled in
order to grant said measure, the non-fulfillment of one of them is sufficient to
dismiss the request for precautionary measure”. Hence, the Supreme Court of
Justice revoked the precautionary measure adopted against Carlos Alberto
Torres Benvenuto.
26.
That the State informed that, by means of Decision N° 1407 of February 26,
2009, the SBS decided to authorize “the dismissal of the requests made as additional
claim [regarding the restitution of the pension sums paid in excess] in the […]
judicial proceedings [instituted against the victims in the instant case] and, if
applicable, to dismiss the appeals filed” (supra Having Seen 11 and Considering
clauses 23, 24 and 25).
27.
That the representative pointed out, at the private hearing, that the pensions
of the victims were reduced between “ten and twenty times from its value […] and
the sums that they are now collecting are less than the half of what they used to
receive before the commencement of all the judicial proceedings that were instituted
over the last 17 years, [when] the Superintendency recognized them the right to a
pension of 2.500 soles, which was afterwards reduced to 500 and gave rise to the
complaints they filed". They mentioned that, as a result of the proceedings instituted
against them, “they are living today a worst situation than 17 years ago”.
Furthermore, the representative stated that "in order to file [the] complaints
[against the five pensioners], the State has made a sui generis interpretation of the
judgment of the Court, [which] did not decide that the domestic courts, and
according to the domestic legislation, should determine whether or not they had a
right to an adjustable pension, which was decided in the judgment. It ordered,
instead, that the domestic courts should determine the possible patrimonial
consequences of the violation of the right to property, the damages, the
consequential damage, the loss of earning, among other aspects". According to the
representative, “not only has the State flagrantly failed to comply with a judgment
that it was its duty to honor and comply, in good faith, but also there is an
aggravating circumstance in this act of the State and it is the fact that the State has
invoked the judgment of the Court to cause [a] damage […] to the five victims of
this case”. To this end, it pointed out that the decision made by this Court in its
Judgment of February 28, 2003 does not "authorize the State to interpret this
mandate as an authorization to disregard, once again, the decisions with authority of
final judgments that the most important courts of Peru had entered” in favor of the
five pensioners.
28.
That the representative informed that the dismissal authorized by decision N°
1407 of February 26, 2009 (supra Considering clause 26) only comprises the
additional claims to the complaints already filed, but not the main claim thereof. Said
dismissal “is ordered, based on two reasons: the first one is that said claim was
systematically dismissed by the Judiciary in all the complaints filed by the SBS, and
the second one is that this legal opinion is uniform in all the instances of the