adjustments and compensatory payments. The State indicated that the
new expert report ordered by decision issued on July 24, 2006, is
currently pending. The State added that the person that would carry
out the expert accounting report was designated on December 19,
2006. As of December 19, 2007, the date of the most recent report
submitted by the State, the new expert report had not been completed.
47.
By virtue of the preceding, the Peruvian State argued that
domestic remedies had not been exhausted. The State indicated that
there are still actions pending in the enforcement of judgment stage and
that the delay in the process was due to the fact that, at first, the
Judicial Branch considered that in order to comply with the decisions
issued, it was necessary for any individual who felt that, based on the
rulings, had a right to compensation to file an individual petition in the
administrative venue. The State added that another factor that
contributed to the delay was the multiple petitions lodged by the parties
on the following aspects: i) the lack of clarity as to who was a member
of the association at the time the amparo petition was lodged; and ii)
the controversy over the expert reports.
48.
The State considers that the demands of the petitioners are
being analyzed internally, and that, in that sense, a pronouncement by
the Commission would make the Commission a fourth instance.
49.
The State also contended that the requirement for lodging
the petition on time has not been met because more than six months
have elapsed between the date of the judgment, October 25, 1993, and
the date the petition was lodged.
50.
With regard to other admissibility requirements, the State
argued that the facts that motivated the petition no longer exist
because, based on the same facts, the association turned to the
domestic jurisdiction lodging an amparo petition on April 23, 1999, with
the Corporatist Public Law Chamber of the Superior Court of Lima,
having obtained a favorable ruling from the Constitutional Court on May
10, 2001. The State contends that the preceding is evidence that the
petition should not be considered by the IACHR because the motive for
lodging it did not exist and does not subsist.
51.
With regard to the alleged violations, the State pointed out,
in general terms, that in the domestic judicial process the petitioners
had had access to the various remedies afforded by the domestic
legislation, and that the sole fact that, by virtue of the legislation in
force and the jurisprudence in this area, the judicial rulings did not
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