60
168. Based on Article 1(1) of the American Convention, this Court has
already established that the State is obliged to respect the rights and
freedoms recognized in it105 and to organize the public authorities in order to
ensure to all persons subject to its jurisdiction the free and full exercise of
human rights106. According to the legal norms on state international
responsibility applicable under international human rights law, the act or
omission of any public authority, whatsoever its rank, constitutes an act
which may be attributed to the State and engages its responsibility in the
terms of the of the American Convention107.
169. The Court observes that, pursuant to what has been established in this
judgment, the State violated Articles 20, 8, 21, 25 and 13 of the American
Convention, with regard to Mr. Ivcher Bronstein, so that it has failed to
comply with its general obligation to respect the rights and freedoms
recognized in it and to ensure their free and full exercise, as stipulated in
Article 1(1) of the Convention.
170. Therefore, the Court concludes that the State failed to comply with the
general obligation of Article 1(1) of the American Convention.
XVI
APPLICATION OF ARTICLE 63(1)
The Commission’s arguments
171. With regard to Article 63(1) of the Convention, the Commission
requested the Court:
a)
to order Peru to re-establish and guarantee to Mr. Ivcher the
integral enjoyment of his violated rights and, in particular,
a.1) to order the re-establishment of Mr. Ivcher’s Peruvian
nationality title and its full and unconditional recognition, with
all corresponding rights and attributes;
a.2) to order the re-establishment of the enjoyment and
exercise of Mr. Ivcher’s right to property over his shares in the
Company and to order that he should recover all his attributes
as shareholder and administrator of the Company;
a.3) to order Peru to ensure to Mr. Ivcher the enjoyment and
exercise of his right to freedom of expression and, in particular,
105
Cf. Constitutional Court case, supra note 8, para. 109.
106
Cf. Constitutional Court case, supra note 8, para. 109.
107
Cf. Constitutional Court case, supra note 8, para. 109.
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