29
during the procedure of execution of judgment, with the ruling of the judge of the
Nineteenth Civil Court of Lima in a decision of November 3, 1994, to equalize the
amount of the pension corresponding to Carlos Torres Benvenuto with the salaries
received by active officials of this Superintendency of the same or an equivalent
category when they were given salary adjustments; and also to make the
corresponding repayments, as indicated in the attached appendix […], which forms
an integral part of the […] decision”64.
89(e) Mr. Torres Benvenuto filed a compliance proceeding against the
Superintendent of Banks and Insurance and the Deputy Superintendent of General
Administration of the SBS65. On August 10, 1999, the Transitory Corporative Public
Law Court of Lima declared this compliance proceeding admissible66. On February
29, 2000, the Transitory Corporative Public Law Chamber of the Superior Court of
Justice of Lima revoked the previous decision and declared the application for the
compliance proceeding inadmissible67. Finally, on August 3, 2000, the Constitutional
Court of Peru declared the compliance proceeding admissible “in the part that
establishes that the Superintendent of Banks and Insurance should comply with the
provisions of Decision SBS No. 283-95 of April 7, 1995; and inadmissible in the part
referring to the payment of the reimbursements and the earned interest”68.
89(f) On March 12, 2002, the SBS issued administrative decision No. 250-2002, in
which, inter alia, it decided “[t]o comply with Decision No. 283-95, of April 7, 1995,
deducting from the sum to be paid to Carlos Torres Benvenuto, the amounts that the
Ministry of Economy and Finance has paid him, in application of article 5 of Decree
Law No. 25792, from November 1, 1992, to January 23, 2002.” In the third article
of this 2002 decision, the SBS “[reserved] the right […], in accordance with the
judgment of the Inter-American Court of Human Rights[…], to deduct the sum that
may have been paid in excess when complying with Decision SBS No. 283-95, of
April 7, 1995; in which case, the provisions of article 53 of Decree Law No. 20530,
which expressly authorizes encumbering pensions to pay debts, will be taken into
consideration”69.
89(g) On March 18, 2002, the SBS paid Mr. Torres Benvenuto the amount
determined in administrative decision No. 250-2002, corresponding to repayment of
64
Cf. administrative decision SBS No. 283-95 of April 7, 1995, with regard to Carlos Torres
Benvenuto (file of appendices to the application, appendix 50, folios 192 and 193).
65
Cf. infra note 68.
66
Cf. infra note 68.
67
Cf. infra note 68.
68
Cf. judgment of the Constitutional Court of Peru of August 3, 2000, regarding the compliance
proceeding filed by Carlos Torres Benvenuto (file of appendices to the application, appendix 54, folios
202 to 205).
69
Cf. administrative decision SBS No. 250-2002 of March 12, 2002, with regard to Carlos Torres
Benvenuto (file on merits and possible reparations, tome IV, appendix 6 of the communication of July
22, 2002, presented by the representatives of the alleged victims and their next of kin, folios 975 to 978).
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