Inter-American Court of Human Rights Case of the “Five Pensioners” v. Peru Judgment of February 28, 2003 (Merits, Reparations and Costs) In the “Five Pensioners” case, the Inter-American Court of Human Rights (hereinafter “the Court” or “the InterAmerican Court”), composed of the following judges*: Antônio A. Cançado Trindade, President; Sergio García Ramírez, Vice President; Hernán Salgado Pesantes, Judge; Oliver Jackman, Judge; Alirio Abreu Burelli, Judge; Carlos Vicente de Roux Rengifo, Judge; and Javier de Belaunde López de Romaña, Judge ad hoc; also present, Manuel E. Ventura Robles, Secretary, and Pablo Saavedra Alessandri, Deputy Secretary, pursuant to Articles 29, 55, 56 and 57 of the Rules of Procedure of the Court (hereinafter “the Rules of Procedure”)** and Article 63(1) of the American Convention on Human Rights (hereinafter “the Convention” or “the American Convention”), delivers this judgment. I INTRODUCTION OF THE CASE 1. On December 4, 2001, the Inter-American Commission on Human Rights (hereinafter “the Commission” or “the Inter-American Commission”) filed before the Court an application against the State of Peru (hereinafter “the State” or “Peru”), arising from petition No. 12,034, received by the Secretariat of the Commission on February 1, 1998. * Judge Máximo Pacheco Gómez advised the Court that, owing to circumstances beyond his control, he would be unable to attend the fifty-eighth regular session of the Court; therefore, he did not take part in the deliberation and signature of this judgment. ** Pursuant to the Order of the Court of March 13, 2001, on Transitory Provisions for the Rules of Procedure of the Court adopted in the Order of November 24, 2000, this judgment is delivered according to the provisions of the Rules of Procedure of 2000, which entered into force as of June 1, 2001.