72
Supreme Court of Justice of Peru and the Constitutional Court.” With regard
to the those entitled to the measures of reparation, the Commission indicated
that the affected parties are Carlos Torres Benvenuto, Javier Mujica RuizHuidobro, Guillermo Álvarez Hernández, Reymert Bartra Vásquez and
Maximiliano Gamarra Ferreyra, and, since the latter has died “payment of his
pension as well as the compensation that the Court may decide should be
paid to his sole universal heirs: his wife, Sara Elena Castro Remy, and his
daughters, Sara Esther Gamarra Castro and Patricia Elena Gamarra Castro”;
c)
Regarding the other forms of reparation, to order the State to annul
and terminate, retroactively, the effects of article 5 of Decree Law No. 25792
of October 23, 1992, in view of its incompatibility with the American
Convention. Also, it requested the Court to order Peru to conduct a complete,
impartial and effective investigation into the facts in order to establish
responsibilities for the failure to comply with the above-mentioned judgments
delivered by the Supreme Court of Justice and by the Constitutional Court,
“and, using criminal, administrative or any other relevant procedure, apply to
those responsible the pertinent punishments that are appropriate to the
gravity of the said violations”; and
d)
To order the State to pay the costs arising from processing the judicial
proceedings in the domestic sphere, and also those incurred at the
international level by processing the case before the Commission and the
Court.
The arguments of the representatives of the alleged victims and their next of kin
170. The representatives of the alleged victims and their next of kin alleged the
following considerations with regard to reparations, costs and expenses:
a)
With regard to the beneficiaries of the reparations, they indicated that
“the five pensioners and their next of kin suffered the consequences of not
having received the amounts that corresponded to them for the equalized
pension to which they were entitled for almost ten years.” In addition to the
five pensioners, the representatives of the alleged victims and their next of
kin indicated the names of the next of kin who they consider are also
beneficiaries of the reparations;
b)
The State should reestablish the right of the five pensioners to the
equalized pension under the same terms and conditions as those under which
it was established at the time of their retirement, by issuing SBS
administrative decisions, to be published in the Official Gazette El Peruano
and in another newspaper with wide national circulation;
c)
As a second measure to reestablish the situation prior to the violation,
they indicated that the State should pay the differences between the pension
amounts received by the five pensioners and the amounts that they should
have received each month if their pensions had not been arbitrarily reduced,
together with the corresponding interest on the arrears. They added that
these calculations should be made on the basis of “the amounts received
since November 1992, as salary, by persons occupying the positions or
performing similar functions to those performed by the victims at the time of
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