52
judgments of May 2, June 28, September 1 and 19, and October 10, 1994,
the Supreme Court of Justice of Peru ordered that the five pensioners should
be paid a pension equalized with the salary of the active occupant of the
same position or a similar function to that of the alleged victims when they
ceased working for the SBS. “This corroborated that the applications for
amparo filed by the victims were indeed the appropriate recourses under the
Peruvian legal system to protect the rights of the victims that had been
violated.” The alleged victims did not have to exhaust any domestic remedy
against Decree Law No. 25792, promulgated after they had filed the
applications for amparo. The Supreme Court of Justice ruled on the remedies
of amparo almost two years after Decree Law No. 25792 had entered into
force and, fully aware of the existence of a new pension regime, considered
that, in the case of the alleged victims, the SBS should pay the equalized
pensions;
b)
The SBS disregarded the rulings of the Supreme Court of Justice of
Peru and only paid the difference in the amount of the pensions partially.
Furthermore, as of November 1992, the MEF paid the alleged victims a
pension that was substantially less than the one that corresponded to them.
Also, the SBS did not abide by the administrative decisions that it issued in
1995, in which it decided to comply with the said rulings of the Supreme
Court of Justice of Peru;
c)
Given the non-compliance with the rulings of the Supreme Court of
Justice of Peru, some of the alleged victims filed compliance proceedings and,
in the corresponding rulings, delivered on July 9, 1998, August 3, 2000, and
December 21, 2000, the Constitutional Court ordered the SBS to comply with
the provisions of the rulings of the Supreme Court of Justice;
d)
The alleged victims also filed criminal proceedings, although these did
not lead to compliance with the rulings of the Supreme Court of Justice and
the Constitutional Court;
e)
The State violated the right to effective judicial protection by not
complying with the provisions of these final judgments of the Supreme Court
of Justice of Peru and the Constitutional Court of Peru. Compliance with
judgments cannot be subject to the discretion of the party that loses the
lawsuit, much less when the party that loses the lawsuit is an organ of the
State;
f)
Even though, in April 2002, the State complied with the 1994
judgments in favor of the alleged victims, it did so conditional on the
judgment of the Inter-American Court and reserved the right to recover part
of the payment made to the pensioners should the Inter-American Court
decide that what is owed to them is less than the State has paid them. Due
to this situation, the alleged victims are in a “state of total legal uncertainty in
view of the State’s declared intention not to comply definitively with the
judgments delivered by its highest courts”;
g)
The State “is not fully complying with the judgments delivered against
it by its highest courts. The difference is that instead of disregarding these
judgments, it has made a conditional payment to the victims and, as
indicated in the oral hearing in the instant case, it now wants the Court to
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents