that the Third Transitory Provision of Legislative Decree No. 673 was inapplicable; (ii)
reinstated the right to receive the corresponding pension, equalized with the pensionable
remuneration of active employees of the SUNAT public sector, and (iii) ordered the
reimbursement of the increases that had not been received due to the application of the said
Third Transitory Provision of Legislative Decree No. 673.
27. With regard to the State’s requests, the representatives indicated that it was necessary
for the Court to clarify that the eighth operative paragraph of the judgment did have pecuniary
effects because this would allow the 106 members of ANCEJUB-SUNAT who were not included
in Annex No. 2 of the judgment to receive some type of reparation in their capacity as victims,
as they had been deprived of the equalized pension to which they were legally entitled. Also,
regarding the “list of other persons who, while not members of ANCEJUB are discharged or
retired employees of SUNAT,” they indicated that the meaning of the judgment was clear as
regards the obligation of the State to create a list identifying other persons who, while not
members of ANCEJUB-SUNAT, were discharged or retired employees of SUNAT who were in
situations similar to the victims in this case. Accordingly, they indicated that what the State
was requesting of the Court constituted “a distorted version” of what the Social and
Constitutional Law Chamber of the Supreme Court of Justice had decided in its judgment of
October 25, 1993.
28. Regarding the representatives’ request concerning the interpretation of the meaning of
the phrase “any other information or document necessary to fully execute the judgment issued
in their favor” in paragraph 226, the State argued that it was clear that the judgment referred
to other judgments obtained in the domestic sphere by other members of ANCEJUB or other
persons who, while not members of this association, were discharged or retired employees of
SUNAT because such persons would not be beneficiaries of the judgment of November 21,
2019. Furthermore, the Peruvian State understood that, in order to benefit from the eighth
operative paragraph, the SUNAT discharged or retired employees who had obtained an
administrative decision, should abide by the Peruvian legal system, because such a decision
could be subject to judicial review. Therefore, in this regard, the Peruvian State also considered
that the Court should declare the representatives’ request for interpretation inadmissible.
29. The Commission observed that the representatives had referred to the scope of
paragraph 226 in relation to the eighth operative paragraph of the Court’s judgment. The
Commission agreed with the representatives’ request that the Court clarify who could register
on the list created by the State. Also, regarding the State’s request, the Commission
understood that the purpose of this list was to identify all those who, to date, had not received
the payment of pension rights owing to the failure to execute an internal decision, and so that
they could receive the corresponding payments. Consequently, the Commission considered
that the list would have pecuniary effects because supposing otherwise would entail denying
the inherent remedial nature of this mechanism. In addition, the Commission underlined that
the list related to the representatives’ request concerning the number of victims in the
judgment in order to determine who should be included on the said list.
B.2 Considerations of the Court
30. The Court reiterates what it established in paragraphs 224 to 227 of the judgment and
in the eighth operative paragraph:
224. In this case, the Court has ordered a measure of restitution based on the human
rights violations declared in this judgment. However, the arguments of the Commission
and the representatives reveal that other members of ANCEJUB-SUNAT may find
themselves in similar situations to those examined in this case, given the possible
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