16
personnel given that, although it was a State-owned Company, it was governed by private law and
operated under the private sector labor regime, so that its workers could not be considered as public
servants but rather as private workers.48 He was also informed that his inclusion in that system
contravened Article 14 of the Decree Law, which precluded the accumulation of public service under
different types of labor regimes (public and private).49
50. In order to reverse the suspension of his pension payments, Mr. Muelle Flores filed and
participated in a number of legal actions seeking to be reinstated in the pension regime of Decree
Law No. 20530, including: two applications for amparo; a contentious administrative proceeding, and
a judgment execution proceeding,50 which are described in the following sections.
51. From the date on which payment of his pension was suspended until the present, Mr. Muelle
Flores has not been paid his full pension, notwithstanding certain partial payments made from 1999
until 2001 (infra paras. 79, 80 and 216).
52. Oscar Muelle Flores is currently 82 years of age51 and suffers from a severe hearing disability
(hypoacusis) as a result of the total loss of hearing in one of his ears 15 years ago and a decrease
in hearing in the other ear.52 Also, in May 2018, Mr. Muelle Flores was diagnosed with “senile
dementia (Alzheimer’s type)” and, in July 2018, suffered a femoral fracture and underwent a hip
replacement operation.53
D.
First amparo proceeding
53. On April 18, 1991, Mr. Muelle Flores filed an application for amparo for the violation of several
rights recognized in the Constitution of Peru, including the right to social security, and asked to be
reinstated in the pension scheme under Decree Law No. 20530, as well as the payment of the
amounts owed to him with interest, which were unpaid following the suspension.54
54.
On July 19, 1991, the Fifth Civil Court of Lima declared the application well-founded and ruled
Supreme Court of Justice on February 2, 1993 (evidence file, folio 13).
48
Cf. Brief of the Empresa Minera Especial Tintaya S.A. to the Fifth Civil Court of Lima of May 3, 1991 (evidence file,
folios 588 to 589).
49
Cf. Communication from the State of December 18, 2012 (evidence file, folio 109) and communication from the
Empresa Minera Especial Tintaya S.A. to the Fifth Civil Court of Lima of May 3, 1991 (evidence file folios 588 to 589).
Likewise, Mr. Muelle Flores filed a criminal complaint before the Office of the Provincial Criminal Prosecutor of Lima
against certain public servants for the crimes of violation of the freedom to work and abuse of authority, in a brief dated
December 30, 1993, alleging their failure to pay his pension, as ordered by the amparo rulings. On June 30, 1997, the Second
Criminal Chamber declared that said action had expired, and ordered the case to be archived. Cf. Complaint filed by Oscar
Muelle on December 30, 1993 (evidence file, folios 353 to 358), and Judgment of the Second Criminal Chamber of June 30,
1997 (evidence file, folios 351 to 352).
51
Cf. Aide-mémoire stating that Oscar Rubén Muelle Flores was born on March 25, 1936, and affidavit rendered by Oscar
Muelle Flores on October 25, 2017 (evidence file, folios 1520 and 1612).
50
52
Cf. Medical Diagnostic Report issued by “Hearing: the latest-generation hearing aids” (evidence file, folios 1499 to
1519).
53
Cf. Discharge report from the Central Air Force Hospital of Peru (FAP) and medical certificates (evidence file, folios
1878 to 1890). In sworn statements before the Court, both Mr. Muelle’s daughter, Vibeke Ann Muelle, and his half-brother,
Jesús Aníbal Delgado Flores, referred to Mr. Muelle Flores’ health condition. His daughter said that her father suffered from
senile dementia, and his brother stressed that Mr. Muelle Flores suffered nervous depression and hearing loss due to stress.
Cf. Affidavit rendered by Vibeke Ann Muelle Jensen on August 22, 2018 (evidence file, folio 1840), and affidavit rendered by
Jesús Aníbal Delgado Flores on August 22, 2018 (evidence file, folios 1841 to 1842).
54
Cf. Application for amparo filed by Oscar Muelle Flores before the Fifth Civil Court of Lima of April 18, 1991 (evidence
file, folios 16 to 20).