80.
The Commission considers that those precedents are fully applicable to the instant case. The
reason is that Mr. Muelle, just like the victims in the two cases referred to above: 1) was lawfully included in
the Decree Law 20530 pension scheme, as ratified by the courts in both amparo actions and in the ruling on
the suit filed by the company itself; ii) was prevented from continuing to receive the benefits that went with
that pension scheme; iii) filed judicial appeals seeking his reincorporation in that scheme; iv) received final
court judgments supporting his claim and v) has still not seen those judgments executed. All those factors have
impaired Mr. Muelle Flores' net worth.
81.
Consequently, the IACHR concludes that the Peruvian State is responsible for violating the
right to private property established in Article 21 of the American Convention in conjunction with the
obligations contained in Article 1(1) thereof, to the detriment of Mr. Muelle Flores.
VI.
CONCLUSIONS
82.
Based on the considerations of fact and law presented throughout this report on the merits,
the Commission concludes that the Peruvian State is responsible for violation of the rights to judicial
guarantees, private property, and judicial protection recognized in Articles 8.1, 21, and 25.2. c) of the
American Convention, in conjunction with the obligations contained in Articles 1.1 thereof, to the detriment of
Oscar Muelle Flores. The Commission likewise concludes that the State failed to meet its obligations under
Article 2 of the same instrument.
VII.
RECOMMENDATIONS
83.
In light of the foregoing conclusions,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
RECOMMENDS THAT THE STATE OF PERU:
1.
Comply as soon as possible with the judgments of the Supreme Court of Justice of
February 2, 1993 and the Constitutional Court of December 10, 1999. This means that the
Peruvian State must immediately take the steps needed to pay Mr. Muelle Flores' pension
on the terms recognized by the courts, that is to say, those of the Decree Law 20530
pension scheme. This includes paying him the pensions he did not receive from his
retirement through to the date payment is effected. Bearing in mind the standards set
forth in this report on the obligations of the State in connection with the privatization of
State-owned enterprises, Peru may not cite privatization as an excuse not to comply with
this recommendation.
2.
Make full reparation for the violations declared in this report, including due
compensation for material (property) and immaterial damages.
3.
Adopt legislative and other measures needed to avoid a recurrence of the violations
substantiated in this report. In that regard, the State takes such steps as are needed to: i)
Ensure that State-owned enterprises comply with the judicial rulings recognizing former
workers' pension rights; ii) Ensure that in privatization processes proper safeguards are
in place to prevent the compliance with judicial decisions in favor of retirees; iii) Ensure
that judgment execution processes meet conventional standards of straightforwardness
and promptness; and iv) Ensure that the judicial authorities hearing such processes are
legally empowered to apply, and do in practice apply, the coercive mechanisms needed to
guarantee compliance with judicial rulings.
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