37
t.2)
request for precautionary measures before the First Temporary
Commercial Public Law Court (first instance), filed on July 14, 1997, in
order to suspend the effects of the “directorial resolution” until the
conclusion of the amparo process58. On August 15, 1997, Judge Percy
Escobar, head of this Court, declared the request for precautionary
This decision was appealed and on
measures inadmissible59.
September 11, 1997, the Temporary Commercial Public Law Chamber
(second instance) declared that all the judicial acts in the process were
null and void, owing to an error in the notification of the complaint and
returned the case file to the first instance60. Subsequently, on October
16, 1997, Judge Percy Escobar again declared the request for
precautionary measures inadmissible61;
u)
on September 19, 1997, the Winter brothers assumed control of
Channel 262;
v)
after the Winter brothers assumed control of Channel 2, the journalists
who worked on the program Contrapunto were prohibited from entering the
Channel63 and the program’s editorial line was modified64;
w)
on September 26, 1997, a general meeting of the Company’s
shareholders was held, attended by the Winter brothers and Remigio Morales
Bermúdez Pedraglio, all of them minority shareholders, at which the members
of the board were removed and new members were elected65;
x)
Mr. Ivcher’s wife filed various civil proceedings in order to obtain
recognition of her rights as co-owner of her husband’s shares in the
Company. These proceedings were unfruitful66;
58
Cf. Brief requesting precautionary measures filed before the First Temporary Commercial Public
Law Court on July 14, 1997, by Juan Armando Lengua-Balbi, representing Baruch Ivcher Bronstein.
59
Cf. Order No. 5 of August 15, 1997, issued by the First Temporary Commercial Public Law Court.
60
Cf. Order of September 11, 1997, issued by the First Temporary Commercial Public Law
Chamber, with regard to case No. 346-97.
61
Cf. Judicial notice of resolution No. 11, dated October 16, 1997, issued by the First Temporary
Commercial Public Law Court.
62
Cf. Videotape of the entry of Judge Percy Escobar, assisted by the police, into the installations of
Channel 2, on July 19, 1997; testimony of Luis Iberico Núñez before the Inter-American Court on
November 20, 2000; testimony of Baruch Ivcher Bronstein before the Inter-American Court on November
20, 2000; testimony of Fernando Viaña Villa before the Inter-American Court on November 20, 2000;
testimony of Emilio Rodríguez Larraín before the Inter-American Court on November 20, 2000; and
numerous newspaper articles.
63
Cf. Certified copy of the certification made by the notary, Manuel Noya de la Piedra; and
newspaper article.
64
Cf. Testimony of Luis Iberico Núñez before the Inter-American Court on November 20, 2000; and
testimony of Fernando Viaña Villa before the Inter-American Court on November 20, 2000.
65
Cf. Certified copy No. 272-97, corresponding to the minutes of the extraordinary shareholders
meeting of Compañía Latinoamericana de Radiodifusión S.A, held on September 26, 1997; testimony of
Emilio Rodríguez Larraín before the Inter-American Court on November 20, 2000; and numerous
newspaper articles.