11
b)
c)
d)
e)
it; therefore, it has become final. However, it indicated that the SBS filed an
appeal against the aspect related to the restitution of the excess already paid,
which was dismissed by the Permanent Civil Chamber of the Supreme Court
of Justice by means of judgment of August 14, 200826, therefore, such
proceeding is closed.;
Regarding the complaint against Mrs. Sara Castro Remy, widow of Gamarra,
the First Specialized Chamber in Administrative Matters of the Superior Court
of Justice of Lima delivered a judgment, in first instance, on April 9, 200827,
by which it declared the annulment of SBS’s decisions No. 391-95 y 2542002, “ordering a new determination of the pension amount, considering the
salary of a public sector employees’ regime”. In respect to such judgment,
the State informed that no appeal was filed against it by the defendant.
However, it indicated that the SBS filed a motion of appeal regarding the
restitution aspect, which is pending decision before the Supreme Court of
Justice of the Republic;
Regarding the complaint against Mr. Guillermo Álvarez Hernández, the First
Specialized Chamber in Administrative Matters of the Superior Court of Justice
of Lima rendered a judgment in first instance on December 18, 200728, by
which it declared the annulment of the SBS’s decisions N°391-95 y 254-2002,
“ordering a new determination of the pension amount, considering the salary
of a public sector employees’ regime”. The State informed that the judgment
dismisses the request for “repayment of the sums allegedly paid in excess”.
Furthermore, it indicated that the decision was appealed by both parties and
it is now pending decision before the Supreme Court of Justice of the
Republic;
In relation to the proceedings against Mr. Javier Ruiz Huidrobo, the Fourth
Specialized Chamber in Administrative Matters of the Superior Court of Justice
of Lima rendered a judgment in first instance on June 25, 200729, by which it
declared the annulment of the SBS’s decisions N°391-95 y 254-2002,
“ordering a new determination of the pension amount, considering the salary
of a public sector employees’ regime”. Moreover, it indicated that the decision
was appealed by both parties and it is now pending decision before the
Supreme Court of Justice of the Republic;
In relation to the complaint filed against Mr. Carlos Torres Benvenuto, the
State mentioned that the judgment is pending decision before a first instance
court. The State mentioned, in addition, that on August 3, 2007, the
Transitory Civil Chamber of the Supreme Court of Justice of the Republic 30
revoked the precautionary measure ordered in said proceeding, by indicating
26
Cf. judgment of the Permanent Civil Chamber of the Supreme Court of Justice of August 14, 2008
(record on monitoring compliance, volume IV; pages 997 to 1003).
27
Cf. judgment delivered by the Superior Court of Justice of Lima, First Specialized Chamber in
Administrative Matters, April 9, 2008 (record on monitoring compliance, volume IV, pages 1005 to 1016).
28
Cf. judgment delivered by the Superior Court of Justice of Lima, First Specialized Chamber in
Administrative Matters, December 18, 2007 (record on monitoring compliance, volume IV, pages 1017 to
1027).
29
Cf. judgment delivered by the Superior Court of Justice of Lima, Fourth Specialized Chamber in
Administrative Matters, June 25, 2007 (record on monitoring compliance, volume IV, pages 1017 to
1027).
30
Cf. decision issued by the Transitory Civil Chamber of the Supreme Court of Justice of the
Republic (record on monitoring compliance, volume IV, pages 1038 to 1040).