31
the sum of S.504.00 (five hundred and four soles), without any prior notice or
procedure77.
89(j) On October 6, 1992, Mr. Mujica Ruiz-Huidobro filed an application for amparo
against the SBS78. On January 7, 1993, this application for amparo was declared
inadmissible79. On November 12, 1993, the First Civil Chamber of the Superior Court
of Justice of Lima revoked the previous judgment and declared the application
admissible80. On September 1, 1994, the Constitutional and Social Law Chamber of
the Supreme Court of Justice “declare[d] admissible the application for amparo filed
[…] by Javier Mujica Ruiz-Huidobro against the Superintendency of Banks and
Insurance and, consequently, order[ed] that the defendant pay the pension to the
plaintiff in accordance with Decree Law No. 20530”81. During the proceeding on
execution of judgment, the Nineteenth Civil Court of Lima issued a decision on
January 3, 1995, in which “it order[ed] the Superintendency of Banks and Insurance
and the Ministry of Economy and Finance, to comply with the provisions of the
Supreme Judgment of September 1, 1994, and pay the pensioner, Javier Mujica
Ruiz-Huidobro, the monthly pension he was receiving and also refund him the
corresponding amounts that he had not received”82.
89(k) On May 4, 1995, by administrative decision No 330-95, the SBS decided “[in
compliance with the provisions of the Supreme Judgment of September 1, 1994,
and, during the proceeding on execution of judgment with the ruling of the judge of
the Tenth Civil Court in Decision No. 1 of January 3, 1995, to equalize the amount of
the pension corresponding to Javier Mujica Ruiz-Huidobro with the salaries received
by active officials of this Superintendency of the same or an equivalent category at
76
Cf. SBS June 1992 payroll, with regard to Javier Mujica Ruiz-Huidobro (file of appendices to
the application, appendix 27, folio 148).
77
Cf. infra note 78.
Cf. application for amparo of October 6, 1992, filed by Javier Mujica Ruiz-Huidobro before the
lower civil court judge (file on merits and possible reparations, tome II, appendix 8 of the brief
answering the application, folios 343 to 358).
78
79
Cf. judgment of the Constitutional and Social Law Chamber of the Supreme Court of Justice
delivered on September 1, 1994, regarding the application for amparo filed by Javier Mujica RuizHuidobro against the SBS (file of appendices to the application, appendix 38, folio 165); application brief
submitted by the Inter-American Commission (file on merits and possible reparations, tome I, folio 19);
and brief on requests, arguments and evidence presented by the representatives of the alleged victims
and their next of kin (file on merits and possible reparations, tome I, folio 173).
80
Cf. supra note 79.
81
Cf. judgment of the Constitutional and Social Law Chamber of the Supreme Court of Justice
delivered on September 1, 1994, regarding the application for amparo filed by Javier Mujica RuizHuidobro against the SBS (file of appendices to the application, appendix 38, folio 165).
82
Cf. infra note 83.
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