28 105. In this chapter, the Court will examine the merits of the case. The Court will analyze the alleged international responsibility of the State based on its obligations under the American Convention in the case of a pensioner who retired under the Decree Law No. 20530 system, and who stopped receiving his pension as of February 1991 from a State-owned company that was subsequently privatized, despite having several judicial rulings issued in his favor, which ordered the restoration of his pension payments. According to the arguments presented, the international responsibility of Peru arises from its failure to comply with domestic judgments and its failure to execute these to date, as well as for the violation of the right to social security derived from Article 26 of the Convention and the right to property. 106. Thus, in order to examine the arguments presented, the Court will first analyze all those related to effective judicial protection, non-compliance with domestic rulings and failure to execute such rulings, in circumstances wherein the State entity that was initially responsible for pension payments was subsequently privatized. The Court will then consider the issue of reasonable time in the process of executing the judgments, the alleged violation of the right to social security, pursuant to Article 26, and will finally consider the arguments regarding the violation of Mr. Oscar Muelle Flores’ right to property. VII RIGHTS TO JUDICIAL GUARANTEES130, JUDICIAL PROTECTION131, SOCIAL SECURITY132, PERSONAL INTEGRITY133, DIGNITY134, PROPERTY135, AND THE OBLIGATION TO ADOPT DOMESTIC LEGAL EFFECTS,136 IN RELATION TO THE OBLIGATIONS TO RESPECT AND GUARANTEE RIGHTS (ARTICLES 8(1), 25(1), 25(2)(C), 26, 5, 11(1), 21, 1(1) AND 2 OF THE AMERICAN CONVENTION) 130 Article 8(1) of the Convention establishes that “Every person has the right to a hearing, with due guarantees and within a reasonable time, by a competent, independent, and impartial tribunal, previously established by law, in the substantiation of any accusation of a criminal nature made against him or for the determination of his rights and obligations of a civil, labor, fiscal, or any other nature.” 131 Article 25 of the Convention establishes that: 1. Everyone has the right to simple and prompt recourse, or any other effective recourse, to a competent court or tribunal for protection against acts that violate his fundamental rights recognized by the constitution or laws of the state concerned or by this Convention, even though such violation may have been committed by persons acting in the course of their official duties. 2. The States Parties undertake: a) to ensure that any person claiming such remedy shall have his rights determined by the competent authority provided for by the legal system of the State. 132 Article 26 of the Convention establishes the following: “Progressive Development. The States Parties undertake to adopt measures, both internally and through international cooperation, especially those of an economic and technical nature, with a view to achieving progressively, by legislation or other appropriate means, the full realization of the rights implicit in the economic, social, educational, scientific, and cultural standards set forth in the Charter of the Organization of American States as amended by the Protocol of Buenos Aires, subject to available resources, by legislation or other appropriate means.” 133 Article 5(1) establishes that: “Every person has the right to have his physical, mental, and moral integrity respected.” 134 Article 11(1) establishes that: “Everyone has the right to have his honor respected and his dignity recognized.” 135 Article 21 of the Convention establishes that “1. Everyone has the right to the use and enjoyment of his property. The law may subordinate such use and enjoyment to the interest of society. 2. No one shall be deprived of his property except upon payment of just compensation, for reasons of public utility or social interest, and in the cases and according to the forms established by law. 3. Usury and any other form of exploitation of man by man shall be prohibited by law.” Article 2 of the Convention establishes that: “Where the exercise of any of the rights or freedoms referred to in Article 1 is not already ensured by legislative or other provisions, the States Parties undertake to adopt, in accordance with their constitutional processes and the provisions of this Convention, such legislative or other measures as may be necessary to give effect to those rights or freedoms.” 136

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