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helpful evidence, the State indicated that the Ministry of Economy and Finance, the institution
responsible for paying Mr. Muelle Flores’ pension, in its capacity as administrator of the Decree Law
No. 20530 system, had reported that “according to Scale 11 of Supreme Decree No.051-91-PCM,
enacted on February 1, 1991, as an Assistant General Manager (Mr. Muelle Flores) was classified as
Category F-4.” The MEF also reported that according to the expert witness of the Peruvian State, the
sale contract signed for the privatization of Tintaya S.A. established that the company “[did] not
have retirees,” and explicitly stated that it did not have pension liabilities. Consequently, it did not
have all the information on the pension payments being made to the pensioner until February 1991,
only that his last payments amounted to S/800 soles. The State also indicated that, based on the
expert opinion of Mr. González Hunt, it was not possible to equalize his pension with private sector
workers, but rather with those of workers subject to the public sector system. For all those reasons,
the State indicated that the MEF made a calculation based on the reported annual payments of
employees of the same F-4 category who worked at the MEF and concluded that the permanent total
earned (main salary, personal and family bonus, temporary remuneration for standardization
purposes and bonus for lunch and transport) was approximately S/263.83 Soles (to February 1991).
The MEF indicated that the equalized amount with progression up to the present date is S/1,337.61
soles.
255. The State emphasized the difference between the amount that the victim received up to
February 1991 (S/800 soles) and the amount earned by MEF employees of the same salary category
(S/263.83 soles, as public servants of the public sector labor regime). However, the State indicated
that in order to avoid making minor readjustments to the amount that Mr. Muelle Flores was
receiving, the MEF finally established that the amount to be paid would be S/800 from February 1991
and, when the Court eventually issues its Judgment, the equalized sum of S/1,337.61 soles.
256. Also, in its brief of December 20, 2018, the State reported that through Executive Resolution
No. 635-2018-EF/43.02 of the MEF, and in the context of the request for provisional measures
submitted by the representatives (supra para. 12), it had decided to “make an advance payment” of
the amounts owed in unpaid pensions, for a total amount of S/. 175,898.00 soles ($53,791 approx.),
from which S/6,563.92 new soles would be deducted, corresponding to the 4% contribution to
EsSalud social insurance so that Mr. Muelle Flores could have access to health services. By virtue of
the actions taken, the State asked the Court to deduct those amounts from any compensation it
might eventually order.
257. The Court held that Mr. Muelle Flores suffered a violation of his rights to social security,
personal integrity, dignity, property, judicial guarantees and judicial protection, owing to the failure
to execute the judgments that recognized his right to a pension, which was suspended from February
1991 and has not been restored to date (supra paras. 149 and 208). Accordingly, the Court considers
that there is a causal nexus between the violations declared in this case and the pecuniary damage
for loss of pension income.
258. In the instant case, the Court points out that the representatives did not request a specific
amount for the pensions owed and did not offer evidence in this regard, due to the impossibility of
calculating the equalized amount to which Mr. Muelle Flores would have been entitled. However, by
way of reference, Mr. Muelle Flores pointed out that, after his retirement, the salary of an Assistant
General Manager stood at S/3,000 soles, and the representatives indicated that pursuant to the
Peruvian Transparency Portal, the current monthly salaries paid to those holding management
positions in the Public Administration were no lower than S/15,600 new soles. Also, according to the
information forwarded by the State, the amounts for pension allowances would be S/263.83 and
S/1,337.61 if they were to be equalized. However, the Court notes that there is a substantial
difference between the final calculations presented by the State and the reference information
provided by Mr. Muelle Flores and by the representatives obtained from the Peruvian Transparency
Portal. In order to determine the amounts owed to Mr. Muelle Flores for pending pension allowances,