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Economy and Finance and the Special Fund for the Administration of Money Illicitly Acquired
to the Detriment of the State (hereinafter, the "FEDADOI”) to incorporate the funds that
would allow to make the payments into the general budget. Hence, in April 2007, the State
requested the Ministry of Economy and Finance and the President of FEDADOI, the
necessary funds to make the payment so ordered. On April 19, 2007, the FEDADOI
informed the CNDH that its current availability of financial resources was not enough to
make the payment. Afterwards, on July 3, 2007, the Ministry of Economy and Finance
informed that it is the responsibility of the body that requests the funds "to make the
allowances of expenses that are required for certain fiscal year", which is made within the
framework of the Annual Budget Act, approved by the Congress of the Republic. The CNDH
informed on August 27, 2007 that the Ministry of Justice had conducted the necessary
proceedings to include the amount for the payment of the non-pecuniary damage in the
budget for the year 2008. On October 17, 2007, the Ministry of Justice requested the
allocation of the necessary funds to the Minister of Economy and Finance, in the form of a
budgetary modification or the appropriation of the amount in the Budget assigned to the
Ministry of Justice for the year 2008.
50.
That on June 12, 2008, after receiving a request on the part of the victims, the 28°
Specialized Civil Trial Court of Lima ordered the Ministry of Justice to comply with the
payments ordered in the Judgment within the term of ten days, according to Act 27.775,
which governs the enforcement of supranational judgments. On November 7, 2008, the
State informed this Tribunal that the funds necessary to make the payments should be
included "in an additional request for the Budget of the year 2009", according to Act N°
28.411 "General Act governing the National Budget System". By means of Act N° 29.289
“Public Sector Budget Act for the Fiscal Year 2009" of December 11, 2008, it was
established in its 45° final provision: “to authorize, by means of supreme decree, the
Ministry of Economy and Finance to allocate the necessary resources to the Budget, Ministry
of Justice for the compliance with the [Judgment]”. On March 13, 2009, the Ministry of
Justice forwarded to the Ministry of Economy and Finance a request to make the payments
and on April 15, of that year, it requested to the latter the issuance of a Supreme Decree to
allocate the funds necessary to make the payment to the 257 victims, including the accrued
legal interests.
51.
That by means of a communication of May 20, 2009, however, the General
Secretary of the Ministry of Economy and Finance informed the common interveners that
the National Directorate of the Public Budget concluded that "said Final Provision does not
have in the Public Sector Budget Law of the current fiscal year a correlation with the income
that would finance its expenditure (budgetary appropriation)” and that the Ministry of
Economy and Finance is not the entity responsible for making the payment of the Judgment,
but that according to Article 22 of the Legislative Decree N° 1068, a norm related to the
payment of supranational judgments, it considered that the Congress of the Republic was
the body responsible for the payment since "it is the entity where the debt was contracted".
On June 17, 2009, the President of the Congress formally requested the Ministry of
Economy and Finance the allocation of the necessary resources to make the payment for
non-pecuniary damage, a request that was repeated on July 6, 2009, and there is no
evidence proving the results of such measures.
52.
That the common interveners stated that the measures adopted have not complied
with the reparations and that the State seems to justify its non-compliance by protecting
itself under domestic legislation. They alleged that “the lack of correlation of the budgetary
appropriation, due to an omission of the State, is not a valid reason so as not to comply
with the payment of the sums". Finally, they questioned the arguments of the State on its
good faith to make the payments, since the Ministry of Economy and Finance refuses to
make them.