A. Determination of the number of victims and the scope of the sixth operative
paragraph of the judgment
A.1 Arguments of the parties and observations of the Commission
13. The representatives asked the Court to clarify the identity and number of persons who
should be understood to be beneficiaries of the reparations because paragraphs 120, 121 and
138 of the judgment refer to 604 persons, while paragraphs 122, 123 and the fourth operative
paragraph refer to 598 personas and one of them is mentioned twice. The representatives also
asked the Court to clarify the import given by the judgment to the expert report of October
18, 2011, based on which the concepts indicated in the sixth operative paragraph of the
judgment should be paid. Regarding this request, they asked the Court to clarify whether the
State’s obligation to “pay, immediately, the concepts that remain pending under the provisions
of the judgment of October 25, 1993, pursuant to paragraph 217 of this judgment” meant that
this payment should abide by the terms of conclusions No. 1 and No. 4 of the expert report of
the C.S.J.L. [Supreme Court of Justice of Lima] of October 18, 2011, or whether the decision
meant something else. Among their arguments, the representatives indicated that the said
expert report referred to situations that had not been covered in the 1993 judgment of the
Supreme Court of Justice and were therefore unrelated to the equalized pension that was the
object of the execution of the amparo judgment.
14. Regarding the representatives’ request, the State indicated that the number of victims
had been a constant issue during the debate at the domestic level. It argued that the InterAmerican Court had clearly and definitively settled the dispute between the parties on this
point, and this was why “Annex 2. List of victims in this case” of the judgment of November
21, 2019, had determined the identity (with first and last names) of the victims in the instant
case. The State argued that there could be no doubt that the Court considered that this
contested issue had been decided judicially in the domestic sphere, and that, when adopting
the expert report of October 18, 2011, the Constitutional Court, in a judgment of April 23,
2019, considered as beneficiaries of the judgment of October 25, 1993, those persons listed in
the annexes to the said expert report, five hundred and ninety-eight (598) persons, who had
initially been identified in the ruling of June 3, 2005, and, subsequently, in the expert report
adopted by the judgment of April 23, 2019. Therefore, only those five hundred and ninetyeight (598) persons could be considered presumed victims of the violations alleged in the
instant case.
15. The State also argued that it was not appropriate to question, by interpretation of
judgment, the expert report of October 18, 2011, regarding the sum calculated in this report
or the amount that would correspond to each victim, especially if this had not been challenged
in the supranational court. It argued that the representatives had mentioned aspects relating
to a debate that belonged to the domestic sphere and, regarding which, a judicial ruling had
already been made that approved the said expert report; therefore, it was not possible to
change it, or to try and give another meaning to the sixth operative paragraph of the judgment
delivered by the Inter-American Court in this case. It noted that the representatives’ request
was not supported by a legal interpretation of the judgment, but by an attempt to question the
sixth operative paragraph and paragraph 217. On this basis, the State argued that, in this
regard, the request for interpretation should be declared inadmissible.
16. The Commission considered that, as indicated by the representatives, there appeared
to be a contradiction in relation to the number of victims identified by the Inter-American Court
in: (a) paragraphs 120 and 122 of its judgment (604 personas), and (b) paragraphs 121, 122
and the fourth operative paragraph of its judgment (598 personas). Additionally, the
Commission took note that, as indicated by the representatives, the Court’s judgment listed
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