did not perceive. The petitioners also alleged that, within the framework
of the process to enforce judgments, the judicial authorities were
accomplices in the failure to enforce the judgment.
3.
For its part, the Peruvian State argued that, in accordance
with the law and the constitution in force, the alleged victims did not
qualify for adjustments of pension based on the criteria used for their
demand. The State also argued that domestic remedies had not been
exhausted because the process was still in the enforcement of judgment
stage where the victims had access to the appropriate mechanisms. The
State also argued that the petition failed to meet the six-month filing
deadline, counting from the date the sentence was issued on October
25, 1993, which, the State alleged, had not been served. Therefore, the
State requested that the Commission rule the petition inadmissible.
4.
After examining the position of the parties in light of the
admissibility requirements established in Articles 46 and 47 of the
American Convention, the Commission concluded that it was competent
to hear the complaint lodged and that the petition was admissible based
on the alleged violation of the rights enshrined in Articles 21, 8 y 25 of
the American Convention with regard to the general obligations
established in Articles 1.1 and 2 of the same instrument. The
Commission also concluded that the petition was inadmissible with
regard to the alleged violation of Article 24 of the American Convention,
and of Article 9 of the Protocol of San Salvador. Therefore, the
Commission decided to notify the parties, to make public this
Admissibility Report and to include it in its Annual Report.
II.
PROCESSING BEFORE THE COMMISSION
5.
Due to the fact that the Commission decided to group
together petitions 965/98, 638/03 and 1044/04, in May 2007 and in
August 2007, processing before the Commission will be described
separately for each petition until the date in which the parties were
notified of the decision to group the petitions together.
Processing of Petition 965/98
6.
The initial petition was received on November 11,
1998. On November 11, 1999 and on June 30, 2003, the petitioners
submitted additional information. On May 8, 2006, the Commission
forwarded the relevant sections of the petition to the State and, in
accordance with Article 30.3 of the Rules of Procedure, requested that
the State submit a response within two months.
2