54
and which would have led to obtaining a decision in accordance with the law.
Consequently, the recourses were not effective (supra para. 115).
140. Likewise, the general circumstances of this case indicate that the judicial
recourses filed by Mr. Ivcher to defend his shareholder’s rights were not simple and
prompt; to the contrary, as the witness Emilio Rodríguez Larraín declared during the
public hearing, “they were only resolved after a long time”, which contrasts with the
process given to the actions filed by the minority shareholders of the Company,
which were resolved promptly.
141. Lastly, the civil and criminal complaints filed against both Mr. Ivcher and his
family and his company officials and lawyers, as a result of which the liberty of some
of them was restricted and the permanence in the country of others was
discouraged, reveals a situation of persecution and denial of justice.
142. In view of the foregoing, the Court concludes that the State violated the right
to judicial protection embodied in Article 25(1) of the Convention, with regard to
Baruch Ivcher Bronstein.
XIV
VIOLATION OF ARTICLE 13
(FREEDOM OF THOUGHT AND EXPRESSION)
The Commission’s arguments
143.
With regard to Article 13 of the Convention, the Commission alleges that:
a)
the deprivation of Mr. Ivcher Bronstein’s nationality title was not the
result of a routine review to verify the status of all the files of naturalized
Peruvians; its primary objective was to violate Mr. Ivcher’s right to freedom
of expression;
b)
the fact that, under Mr. Ivcher’s direction, Channel 2 transmitted news
reports that were critical of the Government and that, when he was separated
from it, the journalists who produced those programs were dismissed, thus
terminating the transmission of such news reports, shows that the
deprivation of Mr. Ivcher’s nationality, was a means of reprisal and served to
silence investigative journalism;
c)
the Convention embodies the right to disseminate information and
ideas artistically or in any other way, and establishes that the exercise of this
right may not be subject to prior censorship, without engaging subsequent
liability, and may not be the object of restriction by indirect ways and means;
d)
Article 13 of the Convention corresponds to the broad concept of the
freedom of expression and autonomy of the individual; its purpose is to
protect and promote access to information, ideas and expression of all type
and, thus, strengthen the operation of pluralist democracy;
e)
freedom of expression allows open discussion of moral and social
values and facilitates political discussion, which is crucial for democratic
values;
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