Order of the
Inter-American Court of Human Rights
of November 24, 2009∗
Case of Ivcher Bronstein v. Peru
(Monitoring Compliance with Judgment)
Having Seen:
1.
The Judgment of merits, reparations and costs (hereinafter, “the Judgment”) issued
in the present case by the Inter-American Court of Human Rights (hereinafter “the Court,”
“the Inter-American Court” or “the Tribunal”) on February 6, 2001, in which it was provided
that the State must:
[…]
7.
[…] investigate the facts that generated the violations established in the […] Judgment to
identify and sanction those responsible for such violations [;]
8.
[…] facilitate the conditions so that Baruch Ivcher Bronstein may take the steps
necessary to recuperate the use and enjoyment of his rights as a majority shareholder of the LatinAmerican Radio-Diffusion Company S.A., as he was until August 1, 1997, in the terms of the
internal legislation. Regarding the compensation related to the dividends and the other payments
that he was due as a majority shareholder and employee of said Company, internal law must
equally be applied. For all of this, the respective petition must be submitted to the competent
national authorities[;]
9.
[…] pay to Baruch Ivcher Bronstein an indemnity of US$20,000 (twenty thousand dollars
of the United States of America) or its equivalent in Peruvian currency at the moment the payment
is made for reasons of moral damage[, and]
10.
[…] to pay to Baruch Ivcher Bronstein, as a reimbursement of the costs and expenses
generated in the internal jurisdiction and the international jurisdiction, the sum of US$50,000 (fifty
thousand dollars of the United States of America) or its equivalent in Peruvian currency at the
moment the payment is made.
[…]
2.
The Order of the Inter-American Court of June 1, 2001, regarding the Supervision of
Compliance with the Judgment of the present case, as well as the cases of Castillo Páez,
Loayza Tamayo, Castillo Petruzzi and others, and the Constitutional Tribunal, in which the
Court decided:
1.
[t]o take note of the fulfillment on the part of the State of Peru of the Judgments
regarding Competence issued in the cases of The Constitutional Tribunal and Ivcher Bronstein on
September 24, 2009, and the advances registered until the date of the issuance of this Order in
the fulfillment of the Judgments issued by the Court in the cases of Castillo Páez, Loayza Tamayo,
Castillo Petruzzi and others, Ivcher Bronstein and the Constitutional Tribunal.
[…]
3.
The Judgment of Interpretation of the Judgment of the Merits of February 6, 2001,
(supra Having Seen 1) issued by the Court on September 4, 2001, through which it decided,
∗
Judge Diego García-Sayán, of Peruvian nationality, was excused from hearing the Monitoring
Compliance with Judgment of the present case, in accordance with Articles 19.2 of the Statute of
Article 20 of the Rules of the Court.