23
mentioned the Official Letters N° 019-2007-CG/GG and 079-2007-CG/GG of February
9, 2007 and July 17, 2007, respectively, by means of which the General Manager of
the Comptroller, considering the “Expert Report prepared by the Expert Witness
appointed by the 66° [Specialized Civil Trial Court of Lima]”, requested the MEF
National Budget Directorate to "approve an additional petition for [in the budget of the
Comptroller for] the amount [of S/. 244.314.787,00 new soles,] in order to cover the
payment of the amount owed to the pensioners” of the Association of Discharged and
Retired Employee;
b)
Judicial Decision N° 152 of July 19, 2006 of the 66° Specialized Civil Trial
Court of Lima in charge of enforcing the judgment of the First Civil Chamber of the
Supreme Court of Justice of Lima, dated December 14, 1993 (upheld by the judgment
of the Constitutional Court of October 21, 1997), that ordered “to remand [the casefile] to the Office of Judicial Expert Assessments in order to appoint an Expert Witness
to calculate the pensions owed to the pensioners of the Association from the month of
April, 1993 to October, 2002;
c)
Note N° 7-5-M/608 of December 20, 2007 submitted by the Perú’s
representative to the OAS on December 26, 2007 in the proceeding before the
Commission, by means of which it informed “in order to prove the will of the Peruvian
State to comply with the recommendations of the [Commission's] Report N° 125/06,
[that it was] approved the first payment in favor of the discharged and retired
employees of the Comptroller General of the Republic". Moreover, it requested an
extension “to arrange the timetable to comply [with the payment of the remaining]
amount owed to the pensioners”;
d)
The bill for an Emergency Decree, presented on January 11, 2008 by the
Executive Secretariat of the Human Rights National Council, by means of Official
Letter Nº 094-2008-JUS/CNDH-SE before the Adviser to the President of the Council
of Ministers, which proposed "to authorize, exceptionally, the Department of National
Treasury to set up a fund of up to a [hundred and twenty millions] and 00/100 new
soles [S/ 120.000.000,00], to be exclusively assigned for the payment of the debt
derived from the judicial rulings to which the Final Report of the Commission refers ”,
and
e)
The Administrative Order N° 022-2001-CG/B190 of March 29, 2001,
presented by the Administration Office of the Comptroller General of the Republic of
Perú, by means of which it was established that “the Human Resources Department of
the Comptroller General of the Republic shall make the corresponding calculation of
the amounts owed”.
63.
Therefore, the Court considers that, by means of such acts in the
proceeding before the Commission, the Peruvian State acknowledged as true
some facts or claims put forward by the representative and that these, as a
result, produced a legal effect upon which the representative as well as the
Commission acted. Hence, the contradictory position that the State intends to
take up in the proceeding of the case before this Court is barred in light of the
principle of estoppel. In this regard, the State is barred from disavowing those
acts by means of which it acknowledged it has the obligation to pay the amounts
corresponding to the adjustable pensions owed and unpaid to the alleged victims
from April 1993 to October 2002.
64.
Moreover, the Court notes that the State acknowledged before this
Tribunal that the alleged victims instituted a proceeding to enforce the judgment
after the delivery of the second judgment of the Constitutional Tribunal and that,
by means of Order Nº 63 of January 24, 2005, the 4º Specialized Civil Court
ordered the State "to pay the pensions owed and unpaid of the Association.”48 In
said enforcement proceeding, it was once again proven that the State has the
obligation to pay to the alleged victims the amounts corresponding to the
adjustable pensions owed and unpaid from April 1993 to October 2002. The
determination of such amounts, at the date of this Judgment, is still pending
48
Order Nº 63 of January 24, 2005 issued by the 4º Specialized Civil Court of the Superior
Court of Justice of Lima (record of Appendixes to the brief of final arguments presented by the State,
pages 2716 and 2717).