15
36.
That, the foregoing, coincides with the case-law of the Constitutional Tribunal
of Peru, which has indicated that:
It is not adequate, then, to adopt a duality thesis of primacy of International Law over
the Domestic Law and vice-versa; it is required, then, a comprehensive solution, based
on case-law, in matters of relationship of the Inter-American system of human Rights
36
and the domestic constitutional Law .
37.
That, by means of the actions adopted before the delivery of the Judgment in
the instant case37, the Peruvian State acknowledged as true certain facts or claims
put forward by the representative and the Inter-American Commission and that
these, consequently, generated a legal effect on which the Inter-American Court
based its decision (supra Considering clauses 30 and 31).
38.
That some of the legal decisions related to this matter are pending resolution
(supra Considering clauses 25.c; 25.d and 25.e). Until they are not solved, the Court
does not count with all the necessary elements for their analysis. However, the Court
positively values the dismissal of the additional claims requested by the State, which
refer to: “a) the restitution, by the defendants, of the sums of money that the
Superintendency paid them in excess, as a result of the increase ordered by the
administrative decisions questioned, up to before the filing of the complaints
(January 2005) and b) the payment of the accrued interest derived from the
payment in excess already mentioned" (supra Considering clause 26). This Tribunal
deems that said dismissal is consistent with the Judgment on the merits, reparations
and costs delivered on February 28, 2003 and in particular, with the terms of
paragraphs 102, 103, 116 and 117 thereof.
39.
That, in order to fully analyze the compliance with the Judgment in the
instant case, the Court shall assess all the information in order to determine the
adequate compliance therewith.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
By virtue of its authority to monitor compliance with its own decisions, pursuant to
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 30(2) and 63 of its Rules of Procedure38,
DECLARES:
1.
That, in accordance with the terms of Considering clauses 20 and 21 of this
Order, the State has fully complied with the following aspects ordered in the
36
Cf. Judgment delivered on March 2, 2007 by the Constitutional Tribunal of Peru, case file
N.
°
679-2005-PA/TC,
Lima,
Santiago
Enrique
Martin
Rivas,
para.
36.
(http://www.tc.gob.pe/jurisprudencia/2007/00679-2005-AA.html) last visit December 2009.
37
Cf. Case of the Five Pensioners V. Peru, supra note 1, para. 88. n) and 88.o).
38
Rules of Procedure of the Court partially amended during its LXXXII Period of Ordinary Sessions,
held from January 19 to 31, 2009.