35.
The Court takes note that, according to the evidence submitted by the victims’
representative and not contested by the State, their pensions “had been drastically
reduced to even less than the amount they received in 1992, when they began the
proceedings to claim [their] rights” (supra considering paragraph 21). From the payment
vouchers forwarded by the representative in the context of monitoring compliance with
judgment, the Court observes that the pension amounts were reduced by approximately
92%,44 a situation that appears to deviate from the parameter introduced by the State’s
2004 reform of the pension regime.45
36.
Based on the above, for the Court to be able to determine whether the said facts
relating to a further reduction in the pensions of the victims in this case are related to the
monitoring of compliance with this measure, Peru must indicate whether the proceedings
filed by the SBS in 2005 requesting a declaration of nullity of its own decisions executing
the judgments of the applications for protective measures comply with the requirements
of the right to property and judicial protection of the victims. Likewise, the Court requires
the State to explain how the said proceedings conform to the provisions of the Court’s
judgment that it must respect the parameters of the Convention when reducing pension
amounts (supra considering paragraph 34) and, if appropriate, to explain whether the
said 2004 reform of the pension regime is being applied to the victims. On this last
aspect, the State should provide information on why the amounts of the victims’ pensions
have been reduced by approximately 90% (supra considering paragraph 35). All this
information is particularly relevant in a case such as this one in which this Court has
ruled in a judgment that “the right of the five pensioners to receive an adjusted
retirement pension in accordance with Decree Law No. 20530, [is] an acquired right […];
that is, […] a right that has been incorporated into their patrimony.”46
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS
in exercise of its powers to monitor compliance with its decisions and in accordance with
Articles 33, 62(1), 62(3), 65, 67 and 68(1) of the American Convention on Human
Rights, 25(1) and 30 of its Statute and 31(2) and 69 of its Rules of Procedure,
DECLARES THAT:
1.
As indicated in the pertinent considering paragraphs of this order, the following
operative paragraphs of the judgment are pending compliance:
a)
“Conduct the corresponding investigations and apply the pertinent
punishments to those responsible for failing to abide by the judicial decisions
delivered by the Peruvian courts during the applications for protective measures
44
For example: Reymert Bartra went from receiving S/.12,065.63 in March 2002 to S/.1,330.64 in March
2008; Sara Elena, widow of Gamarra, from S/.21,145.74 in February 2005 to S/.1,601.54 in February 2007;
Javier Mujica, from S/.19,180.78 in January 2005 to S/1,430.85; Carlos Torres Benvenuto, from S/.18,513.80
in March 2005 to S/.1,395.45 in March 2006, and Guillermo Álvarez Hernández, from S/.22,547.34 in March
2002 to S/.1,431.57 in September 2008.
45
According to article 3 of the said law, “[t]he maximum monthly amount of the pensions for retirement,
inability to work and survivors of the pension regime regulated by Decree Law 20530 is two (2) Tax Units [UIT],
in force at the date corresponding to the payment of the pension.” The third transitory provision of the law
establishes that “[t]he maximum referred to in article 3 of the […] law shall apply progressively as soon as the
said [transitory] provision enters into force,” and that “[t]he pensions that exceed the value of two (2) UIT in
force at the date of promulgation of the […] law, will be reduced each year by eighteen per cent (18%) until the
year in which the said pension reaches the corresponding maximum in force.” Law 28449 of December 23,
2004, law establishing the new rules of the Pension Regime of Decree Law 20530.
46
Case of Five Pensioners v. Peru. Merits, reparations and costs, supra note 20, para. 102.
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