-44damage or back pay, and it has been made pursuant to the Inter-American Court’s case law.” The aforementioned calculations have included statutory interest set forth in Law No. 25,920 until November 18, 2003. EXPERT OPINIONS a) Proposed by the Inter-American Commission 1. Samuel Abad-Yupanqui, Adjunto al Defensor del Pueblo en Ombudsman for Asuntos Constitucionales (Assistant Constitutional Affairs) Ever since he took office at the Ombudsman’s Office he has witnessed a large number of judgments that have not been complied with or that have been partially complied with. Between September 11, 1996 and September 11, 1998, 101 complaints against various State entities were processed. Judgments pending enforcement have been pronounced in constitutional, administrative and labour cases. In Peru, “non-compliance with judgments has taken many forms. In some cases, the authority refused to comply with the judgment without giving any reason; in other cases it claimed that it lacked the financial means to do it or that it did not have any vacancy […]. In addition, there have been cases in which the authority appeared to comply with the judgment but then it repeated the aggression towards the plaintiff.” The right to have judgments enforced is set forth in Article 139 of the 1993 Peruvian Constitution. The principle that the Budget may only be derived from a law of Congress must not be construed as to allow the State to fail to comply with judgments or to arbitrarily defer their enforcement. The Tribunal Constitucional del Perú (Constitutional Court of Peru) has noted that it is hard to speak about the existence of the rule of law when court judgments and orders are not complied with. The expert witness stated that “the laws in force and their application do not provide a consistent balance between the fundamental rights and the principle that the Budget may only be derived from a law of Congress” and made reference to the “regulations and conducts of the State administration so indicating.” “[T]he Executive Branch of Government —and the State as a whole— do not have a reliable, updated and truthful record of all the judgments pending enforcement, of the reasons behind the failure to comply therewith, or the partial compliance with the judgments, the delay in doing so and the amounts involved where money is the subject-matter.” “The Government and the Congress are inclined to passing laws and regulations enacting restrictions to the enforcement of judgments, which the Tribunal Constitucional (Constitutional Court) has been eliminating or clarifying.” “In the instant case, the Ombudsman took part from the outset, recommending the Mayor of Lima to cause the court judgments sustaining the application to be enforced. Unfortunately in this case no favourable result was forthcoming, and that was why it submitted an ‘amicus curiae’ report both to the Commission and to the Inter-American Court.”