28
As of September 1992, his pension was reduced by approximately 75% to the sum
of S.504.00 (five hundred and four soles), without any prior notice or procedure58.
89(c) On October 6, 1992, Mr. Torres Benvenuto filed an application for amparo
against the SBS59. On January 7, 1993, the Eleventh Civil Court of Lima declared
that the application for amparo was unsubstantiated60. On September 22, 1993, the
First Civil Chamber of the Superior Court of Lima revoked the preceding decision and
declared that the action was admissible61. On May 2, 1994, the Constitutional and
Social Law Chamber of the Supreme Court of Justice “declare[d] that the application
for amparo filed by Carlos Torres Benvenuto against the Superintendency of Banks
and Insurance was admissible; consequently, [it ordered] the Superintendency of
Banks and Insurance to comply by paying the plaintiff the pension he had been
receiving by law”62. At the stage of execution of judgment, the Nineteenth Civil
Court of Lima issued a decision on November 3, 1994, in which it ordered that “the
Superintendency of Banks and Insurance issue the administrative decision or
decisions necessary to restore the plaintiff’s right to receive remunerations and
repayments in accordance with the said Supreme Judgment and that the Ministry of
Economy and Finance, through its General Administration Office, comply by making
the required payments effective”63.
89(d) On April 7, 1995, by administrative decision No. 283-95, the SBS decided
“[i]n compliance with the provisions of the Supreme Judgment of May 2, 1994, and,
Torres Benvenuto of the administrative decision SBS No. 050-92 (file of appendices to the application,
appendix 23, folios 138 and 139).
58
Cf. testimony provided to the Court by Carlos Torres Benvenuto on September 3, 2002; SBS
August payroll with regard to Carlos Torres Benvenuto (file of appendices to the application, appendix
24, folio 140); SBS September 1992 payroll, with regard to Carlos Torres Benvenuto (file of appendices
to the application, appendix 32, folio 154); and SBS October 1992 payroll, with regard to Carlos Torres
Benvenuto (file of appendices to the application, appendix 32, folio 155).
59
Cf. application for amparo of October 6, 1992, filed by Carlos Torres Benvenuto before the
lower civil court judge (file on merits and possible reparations, tome II, appendix 8 of the brief
answering the application, folios 327 to 342).
60
Cf. decision of the Eleventh Civil Court of Lima delivered on January 7, 1993, regarding the
application for amparo filed by Carlos Torres Benvenuto against the SBS (file on merits and possible
reparations, tome II, appendix 9 of the brief answering the application, folios 389 to 391).
61
Cf. decision of the First Civil Chamber of the Superior Court of Lima delivered on 22 of
September 1993, regarding the application for amparo filed by Carlos Torres Benvenuto against the SBS
(file on merits and possible reparations, tome II, appendix 9 of the brief answering the application, folios
387 and 388).
62
Cf. judgment of the Constitutional and Social Law Chamber of the Supreme Court of Justice
delivered on May 2, 1994, regarding the application for amparo filed by Carlos Torres Benvenuto
against the SBS (file of appendices to the application, appendix 36, folio 160).
63
Cf. official letter No. 914-94-DNJCL/JNLA of January 16, 1995, from the regular judge of the
Nineteenth Civil Court of Lima addressed to the Superintendent of Banks and Insurance, requesting
him to comply with that Court’s decision of November 3, 1994 (file of appendices to the application,
appendix 37, folios 161 to 164).
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