35
and with the ruling of the judge of the Nineteenth Civil Court of Lima in Decision No.
1 of December 19, 1994, at the stage of execution of judgment, to equalize the
amount of the pension corresponding to Guillermo Álvarez Hernández with the
remuneration received by active officials of this Superintendency of the same or an
equivalent category at the time when the salary adjustments were made; and also to
make the corresponding repayments, as indicated in the attached appendix [...],
which forms an integral part of the [...] Decision” 103.
89(s) Mr. Álvarez Hernández filed a compliance proceeding against the
Superintendent of Banks and Insurance104. On December 22, 1999, the First
Transitory Corporative Public Law Court of Lima declared that the compliance
proceeding was admissible105. This judgment was appealed on September 8, 2000,
the Transitory Corporative Public Law Chamber of the Superior Court of Justice of
Lima revoked the appealed judgment and declared the application inadmissible106.
On December 21, 2000, the Constitutional Court of Peru revoked the decision issued
by this Corporative Chamber and “declare[d] that the compliance proceeding was
admissible; consequently, it ruled that the Superintendent of Banks and Insurance
must comply with the provisions of decision SBS No. 331-95 of May 4, 1995,
deducting the payments that it can confirm that it has made”107. The Public Attorney
of the SBS objected to the ruling of the Constitutional Court. Lastly, on December
27, 2001, the Second Public Law Court of the Superior Court of Justice of Lima
declared that the said objection was inadmissible and established that “finding that
the case is at the stage of execution of judgment, the constitutional ruling must
obligatorily be complied with by the designated entity, which must administratively
equalize the amount of the pension corresponding to the plaintiff with the salary of
the employees of the Superintendency of Banks and Insurance of the same or an
equivalent category, when their salaries are adjusted, and also make the
corresponding repayments”108.
103
Cf. administrative decision SBS No. 331-95 of May 4, 1995, with regard to Guillermo Álvarez
Hernández (file of appendices to the application, appendix 52, folios 196 to 198).
104
Cf. judgment of the Constitutional Court of Peru delivered on December 21, 2000, published in
the Official Gazette El Peruano on April 25, 2001, regarding the compliance proceeding filed by
Guillermo Álvarez Hernández (file of appendices to the application, appendix 58, folios 214 and 215).
105
Cf. decision No. 27 of the First Transitory Corporative Public Law Court of Lima delivered on
December 22, 1999, regarding the compliance proceeding filed by Guillermo Álvarez Hernández (file of
appendices to the application, appendix 56, folios 209 to 211).
106
Cf. decision of the First Transitory Corporative Public Law Chamber of the Superior Court of
Justice of Lima delivered on September 8, 2000, regarding the compliance proceeding filed by Guillermo
Álvarez Hernández (file of appendices to the application, appendix 57, folios 212 and 213).
107
Cf. judgment of the Constitutional Court of Peru delivered on December 21, 2000, published in
the Official Gazette El Peruano on April 25, 2001, regarding the compliance proceeding filed by
Guillermo Álvarez Hernández (file of appendices to the application, appendix 58, folios 214 and 215).
108
Cf. decision No. 14 of the Second Public Law Court of the Superior Court of Justice of Lima
delivered on December 27, 2001, regarding the compliance proceeding filed by Guillermo Álvarez
Hernández (file on merits and possible reparations, tome II, appendix 9 of the brief answering the
application, folios 422 and 423).
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