50
OPERATIVE PARAGRAPHS
158.
Therefore:
THE COURT,
DECIDES:
Unanimously,
1.
To dismiss the preliminary objection raised by the State, in accordance
with paragraphs 16, 17, 18 and 19 of this Judgment.
DECLARES:
Unanimously that:
2.
The State violated the right to judicial protection enshrined in Article 25(1)
and 25(2)(c) of the American Convention on Human Rights and the right to
property enshrined in Article 21(1) and 21(2) of said treaty, all of them in
conjunction with Article 1(1) therein, under the terms of paragraphs 79 and 91 of
this Judgment, to the detriment of the two hundred and seventy three members
of the Association of Discharged and Retired Employees of the Comptroller
General of the Republic of Perú mentioned in paragraph 113 of this Judgment.
3.
It has not been proven in the instant case the non-compliance with the
obligation recognized in Article 26 of the American Convention on Human Rights,
under the terms of paragraph 106 of this Judgment.
AND ORDERS:
Unanimously that:
4.
This Judgment is, per se, a form of reparation.
5.
The State must pay the amounts set in this Judgment as compensation for
pecuniary damages, non-pecuniary damages, and reimbursement of costs and
expenses within one year as of notice of this Judgment, under the terms of
paragraphs 134, 150, 151, 152, 153, 154 and 155 thereof.
6.
The State must fully comply with the judgments of the Constitutional
Court of Perú of October 21, 1997 and January 26, 2001, in relation to the
reimbursement of the amounts owed and unpaid to the victims from April 1993 to
October 2002, within a reasonable term, pursuant to paragraph 138 of this
Judgment. The payment of said amounts owed and interest thereto may not be
affected by any tax, under the terms of paragraph 139 of this Judgment