42
February 2002; this did not include the payment of interest145. In March 2002, the
equalized pension was reestablished and, as of April 2002, Mr. Bartra Vásquez has
regularly received the equalized payment of his pension; currently, he receives a
pension of approximately S.13,281.24 (thirteen thousand two hundred and eightyone soles and twenty-four cents) 146.
VII
VIOLATION OF ARTICLE 21
(RIGHT TO PROPERTY)
The Commission’s arguments
90.
Regarding Article 21 of the Convention, the Commission alleges that:
a)
The State violated this provision by reducing by law, to the detriment
of the alleged victims, the amount of the equalized pensions they had
received since their retirement. In the instant case, the right to receive a
retirement pension, calculated in accordance with Decree Law No. 20530 and
its related norms, is an asset that formed part of the patrimony of the alleged
victims and, consequently, they enjoyed all the guarantees established in
Article 21 of the Convention;
b)
When the alleged victims ceased to work for the SBS they opted for
the retirement regime established in Decree Law No. 20530, and this
institution recognized their right to receive a retirement pension progressively
equalized with the salary of the SBS employee who occupied the same
position or a similar function to the ones they occupied at the date of their
retirement. This acquired right could only be modified by the State, to the
detriment of the five pensioners, as regards the parameters established in
Article 21 of the Convention. According to this provision, a reduction would
violate the right to property if it was substantial, as it is in this case in which
the reduction represented approximately 80% of the amount of the pensions;
and
c)
In order to interpret the scope of the substance of the right to
property established in Article 21 of the Convention, it is relevant to take into
145
Cf. testimony provided to the Court by Carlos Torres Benvenuto on September 3, 2002;
testimony provided to the Court by Guillermo Álvarez Hernández on September 3, 2002;
communication of July 22, 2002, presented by the representatives of the alleged victims and their next of
kin (file on merits and possible reparations, tome IV, folio 898); and 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).
146
Cf. testimony provided to the Court by Carlos Torres Benvenuto on September 3, 2002;
testimony provided to the Court by Guillermo Álvarez Hernández on September 3, 2002;
communication of July 22, 2002, presented by the representatives of the alleged victims and their next of
kin (file on merits and possible reparations, tome IV, folio 899); and 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).
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