45
b)
in administrative and judicial procedures where an individual’s rights
and obligations are determined, a series of specific guarantees are applicable
with regard to his right to defense for the protection of those rights;
c)
Mr. Ivcher’s was deprived of his nationality title arbitrarily. When the
resolution that annulled this title was issued, Mr. Ivcher was never
summonsed, he did not received any prior detailed communication on the
matter being examined by the authorities, with information on the
corresponding charges, he was not informed that the nationalization file had
been mislaid, he was not asked to submit copies in order to reconstruct it,
nor was he allowed to present witnesses to support his position; in brief, he
was not allowed to exercise the right of defense;
d)
the act by which Mr. Ivcher was deprived of his nationality title was
time-barred, because the corresponding resolution was issued when more
than 13 years had elapsed since the title had been granted, even though
Peruvian legislation establishes that the public administration’s authority to
annul its resolutions extinguishes after six months, calculated from the time
those resolutions are adopted;
e)
by modifying the composition of the courts of law (supra para. 76.n),
the principle of the natural judge (juez natural) was also altered and judges
of questionable independence and impartiality were appointed;
f)
the different actions that Mr. Ivcher filed in order to defend his rights
were slow and ineffective, in contrast to the promptness and effectiveness
with which the actions filed by the minority shareholders of the Company
were processed; and
g)
the administrative act annulling Mr. Ivcher’s nationality title was
issued by the Migration and Naturalization Directorate, a body that was
incompetent to do this, because the nationality title had been issued by the
Minister of Foreign Affairs of Peru, and only the President of the Republic, as
his superior in rank, was empowered to annul the said administrative act by a
“supreme resolution”.
The State’s arguments
99.
Peru did not submit any arguments on this issue, since it did not appear
before the Court in the case sub judice (supra para. 78).
*
*
*
Considerations of the Court
100.
Article 8(1) and 8(2) of the American Convention establish that:
1.
Every person
reasonable time, by
established by law, in
against him or for the
or and other nature.
has the right to a hearing, with due guarantees and within a
a competent, independent and impartial tribunal, previously
the substantiation of any accusation of a criminal nature made
determination of his rights and obligations of a civil, labor, fiscal