36
provisional administration of the Company, until the appointment of a
new board49;
s.4)
request for the annulment of all previous judicial acts in the
precautionary proceedings, filed by Mrs. Ivcher before the Temporary
Commercial Public Law Chamber (second instance) on August 28,
On September 12, 1997, this Chamber declared the
199750.
“appearance” inadmissible and the annulment unfounded51.
t)
the following recourses were filed against “Directorial Resolution” No.
117-97-IN-050100000000, which annulled Mr. Ivcher’s nationality title:
t.1)
action for amparo filed by Mr. Ivcher’s lawyer on July 14, 1997,
before the First Temporary Commercial Public Law Court (first
instance) against the Director General of Migration and Naturalization
and the public attorney responsible for judicial affairs of the Ministry of
the Interior, requesting that the “directorial resolution” be declared
null52. On August 14, 1997, Judge Percy Escobar declared the action
for amparo inadmissible53. This decision was appealed and on October
24, 1997, the Temporary Commercial Public Law Chamber (second
instance) declared that all the judicial acts in this process were null
and void, owing to an error in the notification of the complaint, and
returned the case file to the first instance54. There, on November 12,
1997, Judge Percy Escobar once again declared that the request for
amparo was inadmissible55. This judgment was appealed and the case
file was again raised to the second instance, where the judgment that
had been appealed was confirmed on December 22, 199756. Lastly, on
April 24, 1998, the Constitutional Court confirmed that judgment57;
49
Cf. Order No. 12, of August 1, 1997, issued by the First Temporary Commercial Public Law Court.
50
Cf. Brief requesting annulment filed by Neomy Even de Ivcher, before the Public Law Court of the
Superior Court of Lima, on August 28, 1997; and testimony of Emilio Rodríguez Larraín before the InterAmerican Court on November 20, 2000.
51
Cf. Order of September 12, 1997, issued by the First Temporary Commercial Public Law
Chamber; and testimony of Emilio Rodríguez Larraín before the Inter-American Court on November 20,
2000.
52
Cf. Petition for habeas corpus filed before the First Temporary Commercial Public Law Court on
July 14, 1997, by Juan Armando Lengua-Balbi, representing Baruch Ivcher Bronstein.
53
Cf. Order No. 13 of August 14, 1997, issued by the First Temporary Commercial Public Law
Court.
54
Cf. Order of October 24, 1997, issued by the First Temporary Commercial Public Law Chamber,
corresponding to File No. 344-97.
55
Cf. Order No. 20 of November 12, 1997, issued by the First Temporary Commercial Public Law
Court, corresponding to File No. 1221-97.
56
Cf. Order of December 22, 1997, issued by the First Temporary Commercial Public Law Chamber,
corresponding to File No. 344-97.
57
Cf. Notification of June 11, 1998, issued by the Constitutional Court, addressed to Juan Armando
Lengua-Balbi, with regard to File No. 112-98; and judgment of April 24, 1998, issued by the Constitutional
Court, corresponding to File No. 112-98-AA/TC.