12
an expert opinion about the way by which the State should make the payments
that she considers are still pending compliance in light of the judgments rendered
by the Constitutional Court of Perú in the case at hand. The foregoing adjusts, at
least partially, to the purpose of the expert report required by the Tribunal.
Therefore, the Court takes into account the observations presented by the State
and considers that said statement may contribute to the determination, by the
Tribunal, of the facts in the instant case, inasmuch as it relates to the purpose
defined by the Court, for which it admits it into the body of evidence and shall
assess it according to the rules of sound judgment.
31.
The State also challenged the statement for informative purposes of Mr.
Javier Cabanillas Reyes, pointing out that in said statement "he fails to refer to
relevant information related to the enforcement procedure, as well as to the
relevant procedural actions adopted during such procedure”. To such end, the
Court notes that the challenge made by the State is not related to the relevance
and admissibility of the evidence tendered, but to the assessment the Tribunal
may make regarding such item of evidence. Therefore, the Court admits this
evidence as long as it relates to the purpose defined in the Order of the President
(supra para. 7), to assess it together with the body of evidence and according to
the rules of sound judgment, considering the observations made by the State to
such end.
32.
Furthermore, the State challenged the statement of Mrs. Laura Arias
Laureano, indicating that such statement “did not fulfill its end, taking into
account the purpose of the statement defined by the Court". The State alleged
that "contrary to what the deponent suggests, [...] the State did not fail to
comply with the judgments of the Constitutional Tribunal [...]". It further stated
that "there is no proper causal relationship between [the] facts [the deponent and
his relatives suffered] and the alleged non-compliance by the State" and lastly,
that the answer of the deponent regarding the remedies filed by her husband to
obtain the reimbursement of the pensions, which were not granted, are
insufficient since the deponent did not mention in detail the measures adopted.
To such end, the Court notes that the challenge made by the State is not related
to the relevance and admissibility of the evidence tendered, but to the
assessment the Tribunal may make regarding such item of evidence. Therefore,
the Court takes into account the observations presented by the State and
considers that the statement of Mrs. Dicha Laura Arias Laureano may contribute
to the determination, by the Tribunal, of the facts in the instant case, for which it
admits it into the body of evidence and shall assess it according to the rules of
sound judgment.
33.
The State objected to “the presentation, acceptance and scope of the
documentary evidence offered in Appendix 3, [of the application of the InterAmerican Commission] regarding the legislation and judgments of the pension
system, inasmuch as they are irrelevant and unrelated to the suit of this
proceeding”. In such regard, the Tribunal notes that the controversy in the case
at hand relates to the alleged non-compliance with certain domestic decisions in
which aspects of the pension system applicable in Perú were analyzed. Therefore,
the Court takes into account the observations presented by the State and deems
that said documents are relevant and may contribute to the determination, by the
Tribunal, of the facts in the instant case, for which it admits it into the body of
evidence and shall assess it according to the rules of sound judgment, as long as
they are related to the subject-matter of the case.
34.
The State objected "to the entire [documentary] evidence [tendered by
the representatives in the brief of pleadings and motions] inasmuch as it is not
related to the claims of the present proceeding". Said offer of evidence include: a)