Decree Law 20530.149 Both judgments handed down by the Court point out that court rulings restoring
certain labor and pension rights to the victims were not executed.
105.
For its part, in connection with one of those cases, the IACHR maintained that the Peruvian
State's failure to comply with judgments "distorts the practice and meaning of administration of justice and
diminishes the trust felt by members of the Association in the pronouncements of judges." 150 The
Commission has also admitted several cases alleging the same problem, 151 which are currently awaiting a
decision on the merits.
106.
Along the same lines, the Commission observes that in October 1998, the Ombudsperson's
Office issued a report entitled "Failure by the State Administration to Comply with Judgments." 152 The
Ombudsperson's Office singled out as one issue in the Judiciary the failure to execute judgments against a
State entity.153 It stated that since the Office had been established in 1993, it had processed some 101
complaints filed against a number of State entities for failure to comply with final judgments against them. 154
It pointed out that over half the complaints referred to "court mandates on labor matters that are then
ignored."155 The Office of the Ombudsperson explained that the vast majority of cases refer to judicial
mandates that "involve complying with a financial obligation [such as] the adjustment of pensions”156.
107.
The IACHR takes note that the Ombudsperson's Office pronounced expressly on cases of
judgments admitting amparo actions brought by former workers seeking payment of their pensions pursuant
to Decree Law 20530.157 In its report ,the Ombudsperson's Office concluded that
(...) failure to execute a judgment against a State entity would amount to evasion of the
State's responsibility to comply with its obligations (...).
The judge enforcing the judgment must render criminal liability effective by filing the
corresponding complaint against public servants who fail to comply with judicial mandates
either through a flat refusal, or by unreasonably delaying compliance with some
149 I/A Court HR. Case of the “Five Pensioners” v. Peru. Merits, Reparations and Costs. Judgment of February 28, 2003. Series C.
No. 98; and Case of Acevedo Buendía et al. (“Discharged and Retired Employees of the Office of the Comptroller) v. Peru. Preliminary
Objection, Merits, Reparations and Costs. Judgment of July 1, 2009. Series C No. 198.
150 IACHR, Case 12.357, Application to the I/A Court H.R., Members of the National Association of Discharged and Retired Staff
of the Office of the Comptroller General of the Republic of Peru, April 1, 2008, par. 63.
151 See, for example, IACHR. Report No. 21/09. Petitions 965.-98, 638.-03, and 1044.-04. Joined. Admissibility. National
Association of Discharged and Retired Staff of the Tax Authority (SUNAT). Peru. March 19, 2009; IACHR. Report No. 4/09. Petition 91498. Admissibility. Members of the ECASA Workers' Trade Union. Peru. February 11, 2009; and IACHR. Report No. 86/01 Case 12.319.
National Federation of Maritime and Port Workers of Peru (FEMAPOR). Félix Campos Caipo, Sergio Valdivia Ayala, Asisclo Chinapro
Fernández, Víctor Briceño Miranda et al. 4.101 Maritime and Riverine Workers. Peru. October 10, 2001.
152 Report of the Ombudsperson's Office No. 19, Ombudsperson's Office, The State Administration's Failure to Comply with
Judgments. October 1998.
153 Report of the Ombudsperson's Office No. 19, Ombudsperson's Office, The State Administration's Failure to Comply with
Judgments. October 1998.
154 Report of the Ombudsperson's Office No. 19, Ombudsperson's Office, The State Administration's Failure to Comply with
Judgments. October 1998.
155 Report of the Ombudsperson's Office No. 19, Ombudsperson's Office, The State Administration's Failure to Comply with
Judgments. October 1998.
156 Report of the Ombudsperson's Office No. 19, Ombudsperson's Office, The State Administration's Failure to Comply with
Judgments. October 1998
157 Report of the Ombudsperson's Office No. 19, Ombudsperson's Office, The State Administration's Failure to Comply with
Judgments. October 1998.
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