2
Lastly, the Commission requested the Court to ratify the provisional measures
ordered on November 21 and 23, 2000.
4.
The judgment in this case, delivered by the Court on February 6,
2001.
5.
The State’s report of February 9, 2001, in which it informed the Court that it
had accepted the recommendations proposed by the Commission in its Report No.
94/98 of November 16, 2000, and had restored Mr. Ivcher’s Peruvian nationality and
his position as shareholder of Compañía Latinoamericana de Radiodifusión S.A., the
company that operates Peruvian television’s Channel 2. As a result of the said
measures, the State considered that it had complied with the principal claim set out
in the Commission’s application.
6.
The State’s report of February 26, 2001, in which it informed the Court that:
a)
[… I]t had complied by canceling the arrest warrants that were pending against
the victims. In this respect, Mr. Ivcher and his family had returned to the country and
enjoy the full protection of their freedom and physical, psychological and moral integrity;
consequently, they are not being legally prosecuted or harassed […].
b)
With regard to the annulment of the proceedings pending before the Judiciary,
[the latter] has recovered its full institutional normality and independence […]. In these
circumstances, Mr. Ivcher is free to file legal proceedings to obtain compensation for the
damages sustained.
c)
The Government is committed to take the necessary steps before the Supreme
Court and the justices who hear the proceedings involving the victims, so as to
contribute to the prompt application of the judgment of the Inter-American Court in
order to conclude these proceedings.
d)
Since December 6, 2000, Mr. Ivcher has recovered [his shares] and,
consequently, his status as shareholder and chairman of the Board of the [c]ompany
Frecuencia Latina […]. Although, in its comments, the Commission questions the
provisional nature of this restitution – by a precautionary measure – the Government
believes that the pertinence of that legal decision should be decided in the abovementioned judicial proceedings, as has occurred to date.
e)
Channel 2 has reinitiated its information and news programs, exercising
unrestricted freedom of expression and information, and has even reincorporated some
of the journalists who were dismissed during the previous administration.
CONSIDERING:
1.
That Peru has been a State Party to the American Convention since July 28,
1978, and recognized the jurisdiction of the Court on January 21, 1981, in
accordance with Article 62 of the Convention.
2.
That Article 63.2 of the American Convention provides that, in cases of
“extreme gravity and urgency and when necessary to avoid irreparable damage to
persons”, the Court may take the provisional measures it deems pertinent, in
matters submitted to its consideration.
3.
That provisional measures have an exceptional nature and are therefore
ordered having regard to the needs for protection and, once ordered, they must be
maintained while the basic requirements mentioned in the previous considering
paragraph exist.