55. The IACHR notes that noncompliance by the Peruvian State with judgments handed down against State entities since the 1990s extends beyond just the case of Mr. Muelle and forms part of a broader context. 56. Thus, the Inter-American Court already pronounced on two cases in the 1990s of failure to comply with judgments in Peru regarding the adjustment of pensions for former public servants pursuant to Decree Law 20530.88 Both judgments handed down by the Court point out that court rulings restoring certain labor and pension rights to the victims were not executed. 57. For its part, in connection with one of those cases, the IACHR maintained that the Peruvian State's failure to comply with judgments "distorts the practice and meaning of administration of justice and diminishes the trust felt by members of the Association in the pronouncements of judges." 89 The Commission has also admitted several cases alleging the same problem,90 which are currently awaiting a decision on the merits. 58. Along the same lines, the Commission observes that in October 1998, the Ombudsperson's Office issued a report entitled "Failure by the State Administration to Comply with Judgments."91 The Ombudsperson's Office singled out as one issue in the Judiciary the failure to execute judgments against a State entity.92 It stated that since the Office had been established in 1993, it had processed some 101 complaints filed against a number of State entities for failure to comply with final judgments against them.93 It pointed out that over half the complaints referred to "court mandates on labor matters that are then ignored."94 The Office of the Ombudsperson explained that the vast majority of cases refer to judicial mandates that "involve complying with a financial obligation [such as] the adjustment of pensions."95 59. The IACHR takes note that the Ombudsperson's Office pronounced expressly on cases of judgments admitting amparo actions brought by former workers seeking payment of their pensions pursuant to Decree Law 20530.96 In its report ,the Ombudsperson's Office concluded that: (...) failure to execute a judgment against a State entity would amount to evasion of the State's responsibility to comply with its obligations (...). 88 I/A Court HR. Case of the “Five Pensioners” v. Peru. Merits, Reparations and Costs. Judgment of February 28, 2003. Series C. No. 98; and Case of Acevedo Buendía et al. (“Discharged and Retired Employees of the Office of the Comptroller) v. Peru. Preliminary Objection, Merits, Reparations and Costs. Judgment of July 1, 2009. Series C No. 198. 89 IACHR, Case 12.357, Application to the I/A Court H.R., Members of the National Association of Discharged and Retired Staff of the Office of the Comptroller General of the Republic of Peru, April 1, 2008, par. 63. 90 See, for example, IACHR. Report No. 21/09. Petitions965.-98, 638.-03, and 1044.-04. Joined. Admissibility. National Association of Discharged and Retired Staff of the Tax Authority (SUNAT). Peru. March 19, 2009; IACHR. Report No. 4/09. Petition 914-98. Admissibility. Members of the ECASA Workers' Trade Union. Peru. February 11, 2009; and IACHR. Report No. 86/01 Case 12.319. National Federation of Maritime and Port Workers of Peru (FEMAPOR). Félix Campos Caipo, Sergio Valdivia Ayala, Asisclo Chinapro Fernández, Víctor Briceño Miranda et al. 4.101 Maritime and Riverine Workers. Peru. October 10, 2001. 91 Report of the Ombudsperson's Office No. 19, Ombudsperson's Office, The State Administration's Failure to Comply with Judgments. October 1998. 92 Report of the Ombudsperson's Office No. 19, Ombudsperson's Office, The State Administration's Failure to Comply with Judgments. October 1998. 93 Report of the Ombudsperson's Office No. 19, Ombudsperson's Office, The State Administration's Failure to Comply with Judgments. October 1998. 94 Report of the Ombudsperson's Office No. 19, Ombudsperson's Office, The State Administration's Failure to Comply with Judgments. October 1998. 95 Report of the Ombudsperson's Office No. 19, Ombudsperson's Office, The State Administration's Failure to Comply with Judgments. October 1998. 96 Report of the Ombudsperson's Office No. 19, Ombudsperson's Office, The State Administration's Failure to Comply with Judgments. October 1998. 12

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