35
7, 1984, issued to Mr. Ivcher Bronstein. This resolution was published on July
13 that year in the official gazette El Peruano43;
r)
The Migration and Naturalization Directorate did not contact Mr. Ivcher
before issuing the “directorial resolution” which annulled his nationality title,
so that he could submit his opinion or any evidence he might possess44;
s)
the following legal remedies were filed concerning the administration
of the Company:
s.1)
action for amparo filed by the minority shareholders before the
First Temporary Commercial Public Law Court (first instance) on July
11, 1997, to annul the Mr. Ivcher’s purchase of the Company’s
shares45;
s.2)
brief ‘modifying’ this action for amparo by the minority
shareholders of July 14, 1997, and, on the same day, submission of a
request for amparo against Mr. Ivcher, the Ministry of the Interior and
the Ministry of Transport, Communications, Housing and Construction,
so that they would order the protection of the property rights of the
Company that corresponded to the said shareholders46. On September
5, 1997, the court of first instance declared the request for amparo
admissible47.
s.3)
request for precautionary measures filed by the minority
shareholders before the First Temporary Commercial Public Law Court
(first instance) on July 14, 1997, in order to suspend Mr. Ivcher from
exercising his rights as majority shareholder of the Company and to
suspend his appointment as a director and chairman of the company,
to convene judicially an extraordinary shareholders’ meeting to elect a
new board, and to prohibit the transfer of his shares48. On August 1,
1997, Judge Percy Escobar granted this measure and also revoked the
Mr. Ivcher’s appointment as a director and granted the claimants the
43
Cf. “Directorial Order” No. 117-97-IN-050100000000, of July 11, 1997, entitled “Dejan sin efecto
legal titulo de nacionalidad peruana”, published in the official gazette El Peruano; testimony of Luis Iberico
Núñez before the Inter-American Court on November 20, 2000; testimony of July Sotelo Casanova before
the Inter-American Court on November 20, 2000; testimony of Emilio Rodríguez Larraín before the InterAmerican Court on November 20, 2000; and, various newspaper articles.
44
Cf. Testimony of Baruch Ivcher Bronstein before the Inter-American Court on November 20,
2000; and testimony of July Sotelo Casanova before the Inter-American Court on November 20, 2000.
45
Cf. Request for amparo filed on July 11, 1997, by Samuel and Mendel Winter Zuzunaga, before
the First Temporary Commercial Public Law Court and testimony of Emilio Rodriguez Larrain before the
Inter-American Court on November 20, 2000.
46
Cf. Brief modifying the petition filed on July 14, 1997 by Samuel and Mendel Winter Zuzunaga,
before the First Temporary Commercial Public Law Court.
47
Cf. Order No. 33 of September 5, 1997, issued by the First Temporary Commercial Public Law
Court; and order of October 27, 1997, issued by the First Temporary Commercial Public Law Chamber.
48
Cf. Brief requesting a precautionary measure filed on July 14, 1997, by Samuel and Mendel
Winter Zuzunaga, before the First Temporary Commercial Public Law Court de Lima; and testimony of
Emilio Rodríguez Larraín before the Inter-American Court on November 20, 2000.