91.
The Court concluded that, in view to the abovementioned resolution, Mr. Ipanaqué should
have not appeared in court, and therefore the resolution dated March 12, 1999, and all the subsequent
proceedings were declared null and void124. The IACHR notices that in said resolution there was no indication
about the content of the resolution of March 12, 1999. The Commission has observed that a copy of that
resolution was attached to this case’s file, and that it states the following:
The writ handed in today via the General Secretary Office is duly received, with its attachments
thereof. What it states regarding legal provisions, in connection with the resolution of the relevant
issue, will be taken into account, after consideration by Secretary General of what his Superior has
resolved as regards the appeal granted on October 19, last year, and signed by the Judge, resuming in
his position125.
92.
Mr. Ipanaqué brought forth an appeal action, stating that the resolution in question, issued
on March 12, 1999 was not attached to the court file126. He also indicated that the judges cannot revoke their
own resolutions127. He held that the resolution of March 30, 1999 constitutes res judicata, since it was not
appealed by SUNAT128.
93.
On September 30, 1999, the la Corporate Chamber Specializing in Public Law confirmed the
resolution of April 29129. The Chamber stated the following:
(…) even though it is true that Mr. Rafael Ipanaqué (…)is a member of the National
Association of Discharged and Retired Staff from SUNAT, the petitioning party in this case, it
is also true that it has been clearly established in these court records that the petitioners
with a jurisdictional precedent of res judicata, should bring forth an individual
administrative or jurisdictional action, before the entity where the documentation
corresponding to their pensions is kept, and not in this process, since it exceeds the legal
framework of a constitutional proceeding, and therefore his appearance in this case becomes
irrelevant to proceed with the action regarding the resolved claim130.
94.
The Chamber declared the resolution of March 12, 1999 and all the proceedings concerning
Mr. Ipanaqué appearance null and void131. The Chamber stated that “it[…] protects his rights to be exercised
as he sees fit in the proceedings brought forth by the National Association of Discharged and Retired Staff
from SUNAT against the State”132.
V.
LEGAL ANALYSIS
A.
Introductory considerations
95.
Before we start with the legal analysis of the matter in the light of the proven facts and the
parties’ allegations, the Commission considers it relevant to state a few introductory considerations.
124
Attachments to the initial petition.
125
Attachments to the State communication dated October 12, 2001.
126
Attachments to the initial petition.
127
Attachments to the initial petition.
128
Attachments to the initial petition.
129
Attachments to the State communication dated October 12, 2001.
130
Attachments to the State communication dated October 12, 2001.
131
Attachments to the State communication dated October 12, 2001.
132
Attachments to the State communication dated October 12, 2001.
19