7. Later, on July 17, 1997, the dean of the Lima Bar Association, Mr. Vladimir Paz de la Barra,
filed a complaint on the victim's behalf, alleging that the Peruvian State had stripped Baruch
Ivcher Bronstein of his Peruvian citizenship, thereby violating Article 20(3) of the American
Convention on Human Rights.
8. On August 26, 1997, Mr. Baruch Ivcher Bronstein, the victim, attached a note addressed to
the Commission wherein he requested a hearing with the Commission for himself and his
attorney, thereby becoming a party to the proceedings already underway with the Commission.
9. Mr. Ivcher, by letter dated February 27, 1998, addressed to Ambassador Jorge Taiana, the
Executive Secretary of the IACHR, appointed Mr. Ariel Dulitzky, co-Director of the Center for
Justice and International Law (CEJIL), as one of his representatives in this case.
III.
FACTS
10. In 1984, Mr. Baruch Ivcher Bronstein, an Israeli-born attorney, became a naturalized
Peruvian citizen, certified by nationality document No. 004644, approved by Supreme Resolution
No. 0649-RE of November 27, 1984, and signed by the Minister of Foreign Affairs.
11. On July 10, 1997, PNP General Fernando Dianderas Ottone, Director General of the National
Police, held a press conference to announce the findings of report No. 003-97-IN-05010 of July
10, 1997, prepared by the General Bureau of Immigration and Naturalization, to the effect that
the file for citizenship document No. 004644, pertaining to Baruch Ivcher B, approved by
Supreme Resolution No. 0649-RE of November 27, 1984, signed by the then Minister of Foreign
Affairs, in keeping with Naturalization Act No. 9148, was not to be found at the General Bureau
of Immigration and Naturalization.
12. That press conference was followed by publication of Directorial Resolution No. 117-97-IN050100000000 dated July 11, 1997, in the Official Gazette El Peruano of July 13, 1997. In that
administrative resolution, the Government "revokes" Baruch Ivcher Bronstein's Peruvian
citizenship document because of "substantive omissions that invalidate it ipso jure, because the
proper Peruvian authorities were not shown proof of his having first renounced his original
nationality nor did he show any document confirming that the authorities of his country of origin
were advised that he was renouncing his citizenship of birth." The resolution is signed by PNP
Colonel Víctor Hugo Huamán del Solar, Director General of Immigration and Naturalization.
13. The preamble of the resolution emphasized the fact that no copy or record was on file of the
original naturalization procedure that Baruch Ivcher B. followed. It also stressed his failure to
formally renounce his citizenship of birth -Israeli; according to the directorial resolution, the first
notarized evidence of his having renounced his citizenship of birth was dated July 6, 1990, which
meant that no such evidence could have been seen at the time he was granted Peruvian
citizenship on December 7, 1984.
14. Baruch Ivcher B. then applied for a writ of Amparo against Directorial Resolution No. 117-97050100000000 (which revoked his citizenship document) with Lima Superior Court's Public Law
Chamber. The ruling on his petition seeking to have the resolution nullified, dated August 14,
1997, dismissed it as being unfounded. An appeal was filed to challenge the ruling. The
Provisional Public Law Chamber heard the petition and, in a ruling dated October 24, 1997,
nullified all proceedings because of a mistake made in the notification of the action. With that the
case was returned to the lower courts. Once the case records were returned to the lower court,
the latter handed down a new judgment, dated November 12, 1997, which declared that no
cause for action had been shown. The petitioner appealed that ruling, again with the Provisional
Public Law Chamber, which in a ruling of December 22, 1997, upheld the lower-court ruling. The
petitioner challenged this decision before the Constitutional Court, which has not yet taken up
the case. It should be added that the Court in question is currently functioning with only four of
its seven members.
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