filed by the victims” (sixth operative paragraph of the judgment of February 28,
2003), and
b)
Establish “the possible patrimonial consequences of the violation of the
right to property, […], in the terms of domestic legislation, by the competent
national bodies” (fifth operative paragraph of the judgment of February 28, 2003).
2.
Any measure that the State takes with regard to the pensions of the five victims in
this case must respect the provisions of the Court’s judgment, in particular paragraphs
102, 103, 115 and 116; in the sense that, according to Articles 21 and 25 of the
American Convention, the victims in this case have the acquired right to receive a
retirement pension aligned in accordance with Decree Law No. 20530, as well as the right
that the judgments handed down in their favor in the applications for amparo are
complied with, and that the eventual reductions in the amounts of their pensions must be
made in accordance with the applicable parameters of the Convention.
AND DECIDES:
1.
To require the State of Peru to adopt all necessary measures to comply promptly
and effectively with the aspects that remain pending, as established in Article 68(1) of
the American Convention on Human Rights.
2.
To request the representative of the victims to present the information requested
in considering paragraph 29 concerning compliance with the fifth operative paragraph of
the judgment, by February 1, 2012, at the latest.
3.
To request the State to present to the Inter-American Court of Human Rights, by
March 15, 2012, at the latest, a detailed and updated report indicating all the measures
taken to comply with the reparations ordered by the Court that remain pending, as well
as to present the requested information on the facts concerning a further reduction in the
pensions of the victims of the instant case, as established in considering paragraphs 33
to 36 and in the declarative paragraphs of this order.
4.
To request the representative of the victims and the Inter-American Commission
on Human Rights to present any observations they deem pertinent on the report of the
State mentioned in the preceding operative paragraph within four and six weeks,
respectively, of receiving it.
5.
To continue monitoring the aspects pending compliance of the judgment on
merits, reparations and costs of February 28, 2003.
7.
To require the Secretariat of the Court to notify this order to the State, the
representative of the victims, and the Inter-American Commission on Human Rights.
Leonardo A. Franco
Acting President
Manuel E. Ventura Robles
Margarette May Macaulay
15