7
a)
in a meeting summoned on December 28, 2005 the State made effective
the payment of S/ 517,496.20 new soles with which it paid the totality of
the compensatory amount set at S/ 839,496.22 new soles for each of
the Senior Judges, without considering the interests, and
b)
they do not agree with Peru regarding the amount of legal interests
generated due to delay in payment since their estimates do not coincide
with those made by the Accounting Department of the Ministry of
Justice.
21.
The brief of January 18, 2006, through which Peru consulted the Court about
the payment of the reparations and the date on which the interests for delayed
payments should be computed, since the State considers that payments for the
concept of compensation that it must pay the former Senior Judges generate interests
as of the date on which the amount of said compensation was determined, that is, as
of the Ruling of July 1, 2003, reason for which it proceeded to issue a check
corresponding to the interests for delayed payments for the period that goes from July
2, 2003 through December 15, 2005. On the other hand, the beneficiaries stated that
the Judgment of the Court includes the obligation to pay the reparations and,
therefore, their payment should have been complied with six months after its issuing,
thus the interests for delayed payments must be computed as of the expiration of said
term.
22.
The brief of January 19, 2006, received on the 25th of the same month and
year, through which the Inter-American Commission referred to the consultation made
by the State (supra Consideration 20), and declared that the interests for delayed
payments must be computed as of the expiration of the 6 months as of the notification
of the Judgment of the Court of January 31, 2001.
23.
The brief of January 10, 2006, received on the 26th of the same month and
year, through which Mrs. Delia Revoredo Marsano de Mur stated that on December 31,
2005 she had received from the State the amount of S/ 517,496.20 new soles, which
she first applied to the payment of the interests due and then to the capital pursuant
to Article 1257 of the Peruvian Civil Code, which grants the creditor the right to apply
partial payment to the interests, and due to the disagreement with the State in this
sense. Likewise, she considers that the amount for interests for delayed payments
amounts to S/152,523.84 new soles, equal to US$ 44.859,95, since they must be
computed from August 1, 2001 up to September 25, 2005. However, the State plans
on acknowledging legal interests only for the amount of S/ 44,000.90 new soles, based
on their calculation as of the moment in which the Peruvian court communicated to the
Ministry of Justice that it should pay the senior judges the arrears of salary and other
compensations in the year 2003.
24.
The brief of January 19, 2006, received on the 26th of the same month and
year, through which Mrs. Delia Revoredo Marsano de Mur informed that the previous
week she had received the amount of S/ 45,749.06, equal to US$ 13,455.76, which
she assigned to the amount of the interests due.
25.
The brief of January 31, 2006, through which Mrs. Herlinda Ibáñez viuda de
Aguirre Roca repeated her disagreement regarding the amount of the legal interests
generated due to the delay in which the State has incurred, since it intended to
consider that the delay period started in the year 2003 and not as of the peremptory
time period stated in the Court’s judgment and, therefore, she had not accepted the
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