41
retirement pension to which he was legally entitled”140. This judgment delivered by
the lower Civil Court of Lima was appealed and, on October 29, 1993, the Second
Civil Chamber of the Superior Court of Justice of Lima confirmed the decision and
On June 28, 1994, the
declared the application for amparo admissible141.
Constitutional and Social Law Chamber of the Supreme Court of Justice declared that
the judgment of the Second Civil Chamber of the Superior Court of Lima could not be
annulled and declared the application for amparo admissible; consequently, it
ordered the SBS “to comply by restoring to the plaintiff the retirement pension to
which he [was] legally entitled”142.
89(ff) On June 14, 1995, by administrative decision No. 391-95, the SBS decided to
equalize the amount of the pension of Mr. Bartra Vásquez, “taking into consideration,
in this regard, the salaries that are paid to the employees of the Superintendency,
and ordering that the beneficiary be paid the corresponding repayments, as detailed
in the appendix that […] forms an integral part of this administrative decision”143.
89(gg) On March 12, 2002, the SBS issued administrative decision No. 254-2002, in
which, inter alia, it ordered “[t]hat Decision SBS No. 391-95, of June 14, 1995,
should be complied with, deducting from the sum to be paid to Reymert Bartra
Vásquez, the amounts that the Ministry of Economy and Finance has paid to 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, la 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. 391-95, of June 14, 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”144.
89(hh) On March 18, 2002, the SBS paid Mr. Bartra Vásquez the amount determined
in administrative decision No. 254-2002, corresponding to repayment of the
equalized pension amounts that he had failed to receive from November 1992 to
140
Cf. decision of the lower Civil Court of Lima delivered on January 7, 1993, regarding the
application for amparo filed by Reymert Bartra Vásquez (file of appendices to the application, appendix
44, folios 178 to 180).
141
Cf. decision of the Second Civil Chamber of the Superior Court of Lima delivered on October
29, 1993, regarding the application for amparo filed by Reymert Bartra Vásquez (file of appendices to
the application, appendix 45, folios 181 and 182).
142
Cf. judgment of the Constitutional and Social Law Chamber of the Supreme Court of Justice
delivered on June 28, 1994, published in the Official Gazette El Peruano on September 14, 1994,
regarding the application for amparo filed by Reymert Bartra Vásquez (file of appendices to the
application, appendix 46, folios 183 and 184).
143
Cf. infra note 144.
Cf. administrative decision SBS No. 254-2002 of March 12, 2002, with regard to Reymert Bartra
Vásquez (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 991 to 994).
144
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