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considered that the State should order the measures necessary to: i) ensure that State-owned
companies comply with judicial rulings that recognize the pension rights of former employees; ii)
ensure that proper safeguards are established in privatization processes so that this action does not
impede compliance with judicial rulings in favor of retirees; iii) ensure that judgment execution
proceedings comply with conventional standards of simplicity and promptness; and iv) ensure that
the judicial authorities hearing such proceedings are legally empowered to apply, and do in practice
apply, coercive mechanisms needed to guarantee compliance with judicial rulings.
242. The representatives agreed with the requests made by the Commission and, in addition,
asked the Court to require the State to provide human rights training for its agents, by organizing
courses for “judges, prosecutors, personnel of the Ombudsman’s Office, agents of the ONP or those
responsible for pension issues within the public administration, and the Ministry of Economy and
Finance.” They also asked the Court to order the State to design a publication or primer describing
in a clear, concise and accessible manner the rights of older persons in relation to social security, as
envisaged in the standards established in this case, and in the precedents of “Five Pensioners” and
“Acevedo Buendía.” The representatives requested that this publication (in print and/or digital
format) be made available to government departments responsible for pension matters and posted
on the web site of the MEF and ONP. They also asked the Court to order the State to implement for
a period of three years, from notification of this Judgment, a “general policy of comprehensive
protection for older persons in line with accepted standards on this matter.” Finally, the
representatives requested the implementation of a public act of apology by senior State authorities.
243. The State argued that the measure requested to ensure that State-owned companies comply
with judicial rulings recognizing the pension rights of former workers, is not related to the instant
case, since the company required to comply with the judicial ruling had ceased to belong to the State,
having been privatized after the first amparo proceeding. Likewise, it indicated that, pursuant to Law
N° 30137, the State must give priority to judgments ordering the payment of pension debts and
emphasized the recent implementation of a mechanism to determine more precisely the judgments
in which payments are pending, including “pension payments.”
244. As to the request to adopt legal or other measures required to ensure that State-owned
companies comply with judicial rulings recognizing the pension rights of former employees, and
regarding the adoption of safeguards to protect the rights of pensioners in the context of privatization
processes, the Court observes that Peru’s legal system includes provisions enabling the judicial
authorities to impose coercive measures to enforce compliance with judicial decisions in general,
and that the laws introduced in 2002 establish that the MEF is the entity responsible for paying the
pensions of former employees of privatized companies (supra paras. 141 and 142). That said,
although that legislation was not applied to this specific case, the Court does not deem it necessary
to order guarantees of non-repetition as requested. Nor does it consider it pertinent to order a public
act of acknowledgement of international responsibility, training courses, or other guarantees of nonrepetition requested by the representatives.
E. Compensation
245. The Commission asked the Court to order the State to provide comprehensive reparation for
the human rights violations declared in its merits report, both in the material and the moral aspects.
D.1 Pecuniary damage
246. In its case law the Court has developed the concept of pecuniary damage and has established
that this encompasses the loss of or detriment to the victims’ income, the expenses incurred as a
result of the facts, and the monetary consequences that have a causal nexus with the facts of the