48 meet the conditions of due process required by Article 8(1) and 8(2) of the Convention. B. JUDICIAL PROCEDURE 111. In order to defend his rights, Mr. Ivcher filed various recourses before the Peruvian courts of law. On this point, the Court will proceed to consider the application of Article 8 of the American Convention to the facts of the instant case in the context of the judicial procedure. 112. One of the basic principles about the independence of the judiciary is that every person has the right to a hearing by an ordinary court, under the procedures established by law88. Those courts must be competent, independent and impartial, according to Article 8(1) of the American Convention89. 113. In the instant case, it has been established that: a) a few weeks before the “directorial resolution” that annulled Mr. Ivcher’s nationality title was issued, the Judiciary’s Executive Committee modified the composition of the Constitutional and Social Chamber of the Supreme Court of Justice (supra para. 76.n.1); b) on June 23, 1997, the said Committee adopted a norm giving this Chamber the power to create, on a “[t]emporary basis” superior chambers and courts of public law, and also to “appoint and/or ratify” their members, which effectively occurred two days later (supra para. 76.n.2 and 3); c) the First Temporary Commercial Public Law Court was established and Percy Escobar, who had previously been a court secretary and criminal judge, was appointed as the judge of this court (supra para. 76.n.3); and d) Judge Escobar heard several of the recourses filed by Mr. Ivcher in defense of his rights as a shareholder of the Company, and also those filed by the Winter brothers (supra para. 76.s.3 and 76.t). 114. The Court considers that, by creating temporary public law chambers and courts and appointing judges to them at the time that the facts of the case sub judice occurred, the State did not guarantee to Mr. Ivcher Bronstein the right to be heard by judges or courts “previously established by law”, as stipulated in Article 8(1) of the American Convention. 115. The foregoing leads this Court to indicate that those judges did not meet the standards of competence, impartiality and independence required by Article 8(1) of the Convention. 88 Cf. Basic Principles on the Independence of the Judiciary, adopted by the Seventh Congress of the United Nations on the Prevention of Crime and the Treatment of the Offender, held in Milan, from 26 August to 6 September 1985, and confirmed by the General Assembly in resolutions 40/32 of 29 November 1985 and 40/146 of 13 December 1985; see also Constitutional Court case, supra note 8, para. 73; and Castillo Petruzzi et al. case, supra note 78, para. 129. 89 Cf. Castillo Petruzzi et al. case, supra note 78, para. 130.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents