19
return of the costs and expenses, in accordance with that established in the ninth and
tenth Operative Paragraphs of the Judgment.
*
* *
50.
That the State informed about an article published in the Peruvian magazine
“Caretas,” on November 22, 2007, in which “the nationality of Mr. Baruch Ivcher Bronstein
had been p[ut] into question.” In this respect, the State provided that at the internal level
“steps have been undertaken for the verification and critical contrast of the sources that
have been used for [said] magazine […], with the goal to proceed to satisfy the [l]aw.”
51.
That about this in particular, the representatives issued information related to a
supposed criminal accusation brought by the Executive Secretary of the National Council of
Human Rights of Peru against Mr. Ivcher Bronstein for the presumed commission of an
offense against the patrimony-(fraud). Nevertheless, a copy of the Order of the Permanent
File had been sent previously that resolved “there is no place for the formaliza[tion of said]
criminal accusation.”
52.
That in its opportunity, the Commission expressed that “[t]he information
presented by the Peruvian State […] does not have any relation to the obligations derived
by the [J]udgment of February 6, 2001, that are pending fulfillment.”
53.
That regarding this point, the Court considers that the issues related with the
nationality of Mr. Ivcher Bronstein were resolved in the Judgment on the merits and was
not within the state obligations, which are the object of the procedure of the supervision of
compliance with the Judgment of the present case, except that related to the obligation to
investigate the facts that generated the violations established in the Judgment on the
merits (supra Considering 19 and 20). Therefore, the Tribunal does not find it pertinent
tomake a declaration in the present proceeding regarding the publication.
Therefore:
The Inter-American Court of Human Rights,
in exercise of its authority to monitor compliance with its decisions and in accordance with
Articles 33, 62(1), 62(3), 65, 67 and 68(1) of the American Convention on Human Rights,
25(1) and 30 of its Statute, and 30(2) of its Rules of Procedure
Declares:
1.
That in accordance with that provided in the Considering paragraphs 37 and 49 of
the present Order, the State has fulfilled the following operative paragraphs of the
Judgment:
a)
to compensate the dividends and the other payments that corresponded to
Mr. Ivcher Bronstein as a majority shareholder and employee of the Latin-American
Radio-Diffusion Company S.A., in application of the internal law and in submission to
the competent national authorities (eighth operative paragraph of the Judgment of
February 6, 2001);