-35.
The notes of January 9 and February 22, 2006, in which the Secretariat, on
the instructions of the President of the Court, requested the State to forward, as
soon as possible, the report on compliance with the judgment, because the time
granted to present it had expired on November 30, 2005, and the State had been
asked to submit this report in the Order of September 12, 2005.
6.
The brief of June 8, 2006, in which the representatives of the victims and
their next of kin referred to compliance with the judgment delivered by the Court.
They stated, inter alia, that:
a) More than a year ago, the State had instituted legal proceedings against the
pensioners, Carlos Torres Benvenuto, Javier Mujica Ruiz-Huidobro, Guillermo
Álvarez Hernández, Reymert Barta Vásquez and the widow of Maximiliano
Gamarra Ferreira to deprive them of the rights recognized in the judgment of
the Inter-American Court. In April 2005, the “Constitutional and Social
Chamber of the Supreme Court of Justice declared admissible in final
instance” the proceedings filed against the said pensioners, “thus confirming
the reported acts of dispossession.” The pensions of these men and the said
widow “were reduced by about 1,000%.” This drastic reduction returned the
five pensioners to “the situation that violated their rights before the
judgment” of the Inter-American Court, which “not only represents a violation
of the rights that had been protected by prior rulings of the Supreme Court of
Justice of Peru and its Constitutional Court, but an open and unacceptable
disregard of the recommendations and decisions of the organs of the interAmerican system in this case.” This “directly affects their financial situation
and jeopardizes their health and survival [and that] of their next of kin”;
b) “They have been paid the same amounts that they received before the
decisions of the Supreme Court (1994), the Constitutional Court (1998), the
Inter-American Commission on Human Rights (2001) and the Inter-American
Court itself (2003) ordered the restitution of their pension rights, which had
been violated by the regime of former President Alberto Fujimori, in October
1992”;
c) The “considerations alleged by the Peruvian State in the administrative-law
actions filed on February 11, 2005, against the five pensioners are based on
the particular interpretation that the State has made of its own domestic law[,
which] disregards the Court’s decisions”;
d) The representatives requested the Court “to rule on this situation and order
the State to adopt the corresponding measures to ensure compliance with the
judgment of February 28, 2003”.
7.
The note of the Secretariat of the Court of June 30, 2006, addressed to the
State, on the instructions of the President, in which it indicated that, since the Court
would monitor the status of compliance with the judgment in this case during its
current regular session, it reiterated that the State should transmit the report on
compliance. It also informed Peru that the Secretariat had noticed that in the file on
monitoring compliance with the judgment in the Lori Berenson Mejía case, the State
had transmitted as an attachment to the brief of January 18, 2006, Official
Communication No. 2330, signed by the Director of the General Administration Office
of the Peruvian Ministry of Justice, which contained, inter alia, references to the “Five
Pensioners” case. This document mentioned that “the list of the beneficiaries of the
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