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293. Arguments by the State
a)
as regards the beneficiaries, there is no obligation with the great
majority of persons involved in the different cases included in these
proceeding. Regarding those isolated cases that, exceptionally, have been
decided by impartial commissions, the Peruvian State is ready to compensate
them by applying any of the measures legally established by the
corresponding applicable rules, at the election of each person and in
accordance with the requisites provided for in said rules. Neither the
Commission nor the common intervener for the alleged victims has complied
with the request of the President, made at the public hearing, for the
submission of a detailed list of the victims;
b)
as regards pecuniary damage:
i.
the State rejects the accounts filed by the common intervener
in Appendixes 17 and 18 to the brief of requests and arguments as
they “do not include the essential elements necessary to assess their
content, as they only include general amounts without any indication
of the items and partial amounts that add up to them;”
ii.
“a significant group” of the workers dismissed from the
Municipality receive a adjustable pension;
iii.
the State admits its responsibility and is ready to compensate
those workers whose cases have been reviewed by independent
commissions. It does not deem itself obliged to compensate those who
have not been positively declared eligible by said commissions. The
State does not recognize the legal validity of rulings originated in acts
of corruption and collusion;
iv.
as regards pensions, a distinction is worth making: the Peruvian
State accepts the decision of those workers that, after being duly
qualified by the commissions ad hoc, opt for this kind of compensation.
With regard to workers not qualified by the commissions, the
Municipalidad Metropolitana de Lima (Metropolitan Municipality of
Lima) has been duly and punctually paying the pensions of all those
entitled to them, without no reduction or impairment: the persons
entitled to pensions have collected the total amounts due. Such
pensions are determined on the basis of the remuneration paid to an
active worker of similar position and are automatically adjusted when
such remuneration is increased. “Therefore, there is no damage or
harm to be compensated;” and
v.
as regards those persons who do not meet the requirements to
be pensioned, in case they have been qualified by the commissions ad
hoc, they are entitled to receive the alternative compensations
established under the pertinent regulations. The other persons have no
right to compensation as their dismissal has been qualified by default
as ”valid and correct by the abovementioned commissions.”
c)
the State did not file any statement regarding compensations for nonpecuniary damages;
d)
as to the measures of satisfaction and the non-repetition guarantees,
the State expressed that:
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