an average pension of S/. 400.00 (400 Peruvian Nuevos Soles), which
amounts to a third of the money needed to purchase a family’s basic
basket of goods, and, therefore, affecting their access to a life with
dignity. The petitioners added that the alleged victims were in an
irreversible emotional state, aggravated by their age and by the fact
that tens of beneficiaries of the judgment of October 25, 1993, have
already died, some of them due to extreme poverty which prevented
them from having access to “appropriate care.”
37.
With regard to the requirement to exhaust domestic
remedies, the petitioners contended that the actions that the Peruvian
State alleged were still pending were precisely the actions and measures
being used by SUNAT to delay enforcing the judgment. In the
petitioners’ opinion, they were exempt from exhausting domestic
remedies under the provisions of the exemptions enshrined in Article
46.2.a and 46.2.c of the American Convention.
38.
In that sense, the petitioners alleged that the conclusion of
the enforcement of judgment stage could hardly be stipulated as a
requirement before lodging a petition with the Commission, because
Article 25.2.c of the Convention does not impose as a condition the
obligation of national authorities to guarantee compliance with the terms
of the judgment by the completion of the enforcement of judgment
stage; only that there be a favorable judicial decision.
39.
In the petitioners’ opinion, the facts described constituted a
violation of the rights enshrined in Articles 21, 24, 8 and 25 of the
American Convention with regard to the general obligations established
in Articles 1.1 and 2 of the same instrument, as well as of the right
recognized in Article 9 of the Protocol of San Salvador and of Article XVI
of the American Declaration.
40.
Finally, the petitioners alleged that the benefits of the
judgment must cover all those members of the association whose
acquired right is legally recognized and who were dismissed beginning in
1992 because otherwise, it would constitute a violation of the right to
equality before the law and the principle of non-discrimination. In that
regard, the petitioners pointed out that in the decision of June 3, 2005,
which ordered the SUNAT to comply with the judgment, 102 members of
the association were excluded which, in their opinion, constituted a
violation of the right to equality before the law.
B.
The State
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