and to judicial protection, established in articles 8 and 25 of the Convention, were violated when
he was arbitrarily stripped of his nationality via an administrative decision that resulted from an
administrative action of which he was never notified and of which he learned only when the
decree stripping him of his nationality was published. A series of irregularities in this judicial
process and thereafter denied him his right of self-defense, leaving him with no means to defend
himself.
41. The pertinent parts of the victim's petition and other documents added thereafter were
forwarded to the Peruvian Government as "additional information" on November 25, 1997; the
Government was given 15 days in which to comment.
42. As for the exhaustion of domestic remedies, the petitioner stated that in the instant case,
"for applications seeking writs of habeas corpus and amparo, the Peruvian Judiciary has no
independent and honest judges who ensure that amparo is an effective means to defend the
constitutional rights invoked."
43. On October 17, 1997, the Commission received a brief alleging that at the present time the
State's duties and obligations cannot be performed because of a problem of unrestrainability
created by the amendment introduced in the Code of Civil Procedure with Laws Nos. 26.599 and
26.756. The constitutionality of both these laws was being challenged in the Constitutional Court.
This, in the victim's judgment, exacerbates his situation; the harm he is suffering is irreparable
because any action seeking to redress the damage caused is ineffective. Hence, urgent
precautionary measures are needed.
44. In another brief filed that same date, the victim enclosed a list of background information on
Dr. Percy Escobar, judge on Lima's Provisional Public Law Bench and who, in the petitioner's
judgment, "was appointed to the bench for political reasons, despite the fact that he did not
have the ethical and professional qualifications for the office"; Dr. Percy was the one who heard
the application that Mr. Ivcher filed in the lower courts seeking a writ of amparo. Enclosed was a
copy of Memorandum No. 922-97-UA/csjl, to which was attached a full record of the disciplinary
measures ordered against Judge Percy Escobar.
45. On October 20, 1997, Mr. Ivcher presented a memorandum to the Commission, to which he
attached a notarized document dated December 6, 1984, which was issued on July 6, 1990, in
which Baruch Ivcher's renunciation of his Israeli nationality is made official, as well as an
explanation provided by the Notary Public, Dr. Máximo L. Vargas, who twice provided testimony
about the above mentioned public document.
46. Later, in filings dated November 19 and December 3, 1997, and January 6, January 29 and
February 11, 1998, the victim provided additional information and stood by the arguments made
previously in connection with the admissibility of the case.
47. For its part, in notes dated December 2, 1997, January 15, 1998, January 16, 1998 and
January 27, 1998, the Peruvian State provided additional information to reinforce its argument
that the case was inadmissible because not all remedies before the Peruvian courts had been
exhausted.
48. On February 26, 1998, during the Commission's 98th period of sessions, the Commission
held a second admissibility hearing on this case. At this hearing, information was provided that a
final internal remedy was pending before the Peruvian courts, presented on January 16, 1998 by
Baruch Ivcher before the Constitutional Court, against the judgment of the court of appeals
which had denied the writ of amparo. Also, it was added that pursuant to its governing law, the
Constitutional Court has a time period of 20 days within which to decide a writ of amparo
presented to it.1
V.
ADMISSIBILITY
1
Law No. 26.435. Organic Law of the Constitutional Court. Article 43 provides that "The Court, has a maximum time
period of ... 20 days, for dealing with cases concerning the denial of a writ of amparo ..."
6