ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF MARCH 14, 2001
PROVISIONAL MEASURES ORDERED BY THE COURT
IN THE IVCHER BRONSTEIN CASE1
HAVING SEEN:
1.
The order of the Inter-American Court of Human Rights (hereinafter “the
Court”) of November 21, 2000, in which it called on the State of Peru (hereinafter
“the State” or “Peru”) to adopt provisional measures for Baruch Ivcher Bronstein, his
wife, Neomy Even de Ivcher, and his daughters, Dafna Ivcher Even, Michal Ivcher
Even, Tal Ivcher Even and Hadaz Ivcher Even, and also for Rosario Lam Torres, Julio
Sotelo Casanova, José Arrieta Matos, Emilio Rodríguez Larraín and Fernando Viaña
Villa, in order to ensure their physical, psychological and moral integrity and right to
judicial guarantees.
2.
The order of the Court of November 23, 2000, in which it ordered the State to
expand the above provisional measures so as to protect Menachem Ivcher Bronstein
and Roger González also.
3.
The communication of the Inter-American Commission on Human Rights
(hereinafter “the Commission”) of January 26, 2001, in which it stated that:
a)
The State of Peru ordered the arrest warrants for Mr. Ivcher, his wife and
daughters to be cancelled [… so that], the respective recommendation has been
complied with.
b)
[The State] has not fully complied with [the] right to judicial guarantees since,
through the Judiciary, it has still not decided […] that the proceedings in which [the]
right to defense had been violated and impeded should be annulled […].
c)
[In] the case of Rosario Lam and Julio Sotelo, convicted in proceedings which
were conducted without respecting their right to due process, the conviction has not
been quashed and the proceedings in which they were convicted have not been reviewed
[…].
d)
[In] the case of Emilio Rodríguez Larraín Salinas, the State has complied by
annulling the order that prohibited him from leaving the country and declaring his
innocence of the crime of which he was accused; Mr. Ivcher has also been declared
innocent of that crime […].
e)
[In] the proceedings in which Mr. Ivcher is claiming the ownership of the
actions that were taken from him by decisions adopted when he was stripped of his
nationality, the Judiciary has not delivered the final decisions ordering the complaints he
has filed to be admitted for trial […].
f)
[T]he Peruvian courts have decided to hand over the administration of the
channel to Mr. Ivcher, on a provisional basis […].
1
Judge Oliver Jackman informed the Court that, for reasons beyond his control, he could not
attend the Twenty-fifth Special Session of the Court; consequently, he did not take part in the discussion
and signature of this order.