3
7.
On July 18, 1997, the Commission opened the case and requested the State
to provide the corresponding information.
8.
On August 26, 1997, Mr. Ivcher requested a hearing with the Commission
and, based on this request, the Commission considered him to be the principal
petitioner and victim of the alleged violations.
9.
Peru replied to the Commission on September 12, 1997, and requested that
the petition be declared inadmissible.
10.
On October 9, 1997, during its 97th session, the Commission held a hearing
on the petition’s admissibility.
11.
On February 26, 1998, during its 98th session, the Commission held a second
hearing on the admissibility of this case.
12.
By a note of May 29, 1998, the Commission made itself available to the
parties to try and reach a friendly settlement and asked them to reply to this offer
within 30 days. Following an extension granted at the request of the State, on July
31, 1998, the latter declared that it did not consider it appropriate to initiate a
friendly settlement procedure.
13.
On October 8, 1998, during its 100th session, the Commission held a hearing
on the merits of the petition.
14.
On December 9, 1998, during its 101st session, the Commission adopted
Report No. 94/98, which was transmitted to Peru on December 18 that year. In this
report, the Commission concluded that:
the Peruvian State arbitrarily deprived Mr. Ivcher of his Peruvian nationality (in violation
of the provisions of Article 20(3) of the Convention), as a means of suppressing his
freedom of expression (recognized in Article 13 of the Convention), and also violated his
right to property (Article 21 of the Convention) and his rights to due process (Article
8(1) of the Convention) and to a simple and prompt recourse to a competent judge or
tribunal (Article 25 of the Convention), in violation of the general obligation of the
Peruvian State to respect the rights and freedoms of each individual in its jurisdiction,
arising from Article 1(1) of the American Convention.
the Commission also recommended the State:
A.
To immediately reinstate Baruch Ivcher Bronstein’s Peruvian nationality title
and restore full and unconditional recognition of his Peruvian nationality, with all the
attendant rights and prerogatives.
B.
To immediately desist from the harassment and persecution of Mr. Ivcher
Bronstein, and refrain from any further actions that violate his freedom of expression.
C.
To take the necessary steps to re-establish Baruch Ivcher Bronstein’s
enjoyment and exercise of his right to own shares in the company and, consequently,
restore to him all his prerogatives as a shareholder in and administrator of the company.
D.
To compensate Mr. Ivcher Bronstein for the material and moral damages that
the conduct of the administrative and judicial organs of the State caused him [,and]
E.
To adopt the necessary legislative and administrative measures to prevent
episodes of this kind in the future.