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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