65
191.
Therefore,
THE COURT,
unanimously,
1.
finds that the State violated the right to nationality embodied in Article 20(1)
and 20(3) of the American Convention on Human Rights with regard to Baruch
Ivcher Bronstein.
2.
finds that the State violated the right to a fair trial embodied in Article 8(1)
and 8(2) of the American Convention on Human Rights, with regard to Baruch Ivcher
Bronstein.
3.
finds that the State violated the right to judicial protection embodied in Article
25(1) of the American Convention on Human Rights, with regard to Baruch Ivcher
Bronstein.
4.
finds that the State violated the right to property embodied in Article 21(1)
and 21(2) of the American Convention on Human Rights, with regard to Baruch
Ivcher Bronstein.
5.
finds that the State violated the right to freedom of expression embodied in
Article 13(1) and 13(3) of the American Convention on Human Rights, with regard to
Baruch Ivcher Bronstein.
6.
finds that the State failed to comply with the general obligation established in
Article 1(1) of the American Convention on Human Rights, in relation to the
violations of the substantive rights indicated in the previous conclusions in this
judgment.
7.
finds that the State should investigate the facts that gave rise to the
violations established in this judgment in order to identify and punish those
responsible.
8.
finds that the State should facilitate the conditions to enable Baruch Ivcher
Bronstein to take the necessary steps to recover the use and enjoyment of his rights
as majority shareholder of Compañía Latinoamericana de Radiodifusión S.A., as he
was until August 1, 1997, under the terms of domestic legislation. With regard to the
recovery of dividends and other amounts that he would have received as majority
shareholder and officer of that company, domestic law should also apply. To this
end, the respective claims should be submitted to the competent national
authorities.
9.
finds that, in fairness, the State must pay Baruch Ivcher Bronstein
compensation for moral damages in the amount of US$20,000.00 (twenty thousand
United States dollars), or the equivalent in Peruvian currency at the time the
payment is made.
10.
finds that, in fairness, the State must pay Baruch Ivcher Bronstein, in
reimbursement of the costs and expenses arising in the internal and the international
jurisdictions, the sum of US$50,000.00 (fifty thousand United States dollars), or the
equivalent in Peruvian currency at the time payment is made.
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