support the petitioners’ allegations could not be construed as a violation
of the right to judicial protection. The State also pointed out that the
petitioners had not offered arguments with regard to the supposed
violation of the right of equality before the law.
52.
Finally, the State described its position regarding the
internal controversy between the SUNAT and the association, indicating
that the ruling of October 25, 1993, did not mean, as the petitioners
pretended, that the adjustment of pensions must be achieved using as
point of reference the salaries perceived by active employees under the
private labor system who were not part of the civil service system and
were, therefore, outside the pension system established under Decree
Law No. 20.530. The State in effect pointed out that Article 3.c
of Decree Law No. 673, established that the higher salaries received by
employees as a result of the modifications to the employment system of
the SUNAT, could not be used to determine retirement pensions for
those employees covered by the pension system established by Decree
Law No. 20.530.
IV.
ANALYSIS OF ADMISSIBILITY
A.
Competence
1.
Competence ratione personae, ratione
temporis and ratione materiae of the Commission
loci,
ratione
53.
The petitioners are authorized by Article 44 of the American
Convention to lodge petitions on behalf of the alleged victims. The
alleged victims in this case were under the jurisdiction of the Peruvian
State from the moment the alleged facts began to be executed. For its
part, the Peruvian State ratified the American Convention on July 28,
1978. Therefore, the Commission has competence ratione personae to
examine the petition.4
54.
The Commission is competent ratione loci to hear the
petition, because it alleges violations of rights protected by the
American Convention that were said to have taken place within the
territory of a State party to that treaty.
55.
The Commission is also competent ratione temporis
because the obligation to respect and guarantee the rights protected by
4 The alleged victims, identified before the IACHR, are named on Annex No. 1 of this
report.
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