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156. In the instant case, it has been established that, in 1997, Mr. Ivcher was the
majority shareholder of the Company, which operated Peruvian television’s Channel
2; moreover, he was a Director and Chairman of the Board of this Company and was
authorized to take editorial decisions on programming. In April 1997, in its program
Contrapunto, Channel 2 aired investigative reports of national interest, such as
reports on possible torture committed by members of the Army Intelligence Service
against the agent, Leonor La Rosa, the alleged assassination of the agent, Mariela
Barreto Riofano, and the extremely high revenues that it was alleged that Vladimiro
Montesinos Torres, adviser to the Peruvian Intelligence Service had obtained.
157. The testimonies of Luis Carlos Antonio Iberico Núñez, Baruch Ivcher Bronstein
and Fernando Viaña Villa demonstrated the extensive audience that Channel 2 had
throughout the country in 1997. Both Mr. Ivcher and the journalists who worked for
Contrapunto were fully entitled to investigate and disseminate events of public
interest such as those denounced between April and July 1997 in this medium, in the
exercise of the right to freedom of expression protected by Article 13 of the
Convention.
158. In the same way, it has been shown that, as a consequence of the editorial
line assumed by Channel 2, Mr. Ivcher was the object of threatening actions of
various types. For example, after the emission of one of the reports mentioned in
the previous paragraph, the Armed Forces Joint Command issued an official
communiqué in which it denounced Mr. Ivcher for conducting a defamatory campaign
intended to slander the Armed Forces (supra para. 76.k). Also, the same day the
Armed Forces issued this communiqué, Peru’s Executive Branch issued a supreme
decree regulating the Nationality Law and establishing the possibility of canceling the
nationality of naturalized Peruvians (supra para. 76.l).
159. It has also been proved that only days after Channel 2 had announced the
presentation of a investigative report on the unlawful recording of the telephone
conversations of opposition candidates, the Director General of the National Police
Force advised that the file in which Mr. Ivcher’s nationality title was processed could
not be found and, that it had not been certified that he had renounced his Israeli
nationality; as a result, it was arranged to annul the said nationality title by a
“directorial resolution”.
160. In view of the foregoing, on August 1, 1997, Judge Percy Escobar ordered the
suspension of the exercise of Mr. Ivcher’s rights as majority shareholder and
president of the Company and his appointment as a director of the Company was
revoked, an extraordinary shareholders meeting was judicially convened to elect a
new Board and Mr. Ivcher was prohibited from transferring his shares. Moreover, he
granted the provisional administration of the Company to the minority shareholders,
until a new Board was appointed, thus taking the control of Channel 2 away from Mr.
Ivcher Bronstein.
161. The Court has verified that, after the minority shareholders of the Company
assumed its administration, the journalists who had been working for Contrapunto
were prohibited from entering the Channel and the program’s editorial line was
modified (supra para. 76.v).
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