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2.
In the following paragraphs, the Court summarizes the relevant facts in the
case, as alleged by the Commission in the application:
a)
A resolution issued by the President of the Republic of Peru on
November 27, 1984, agreed to grant Israeli-born Mr. Baruch Ivcher Bronstein
(hereinafter “Mr. Ivcher”) Peruvian citizenship on the condition that he
renounce his Israeli citizenship;
b)
On December 6, 1984, Mr. Ivcher renounced his Israeli citizenship; the
following day the Minister of Foreign Affairs issued his Peruvian citizenship
papers;
c)
One must have Peruvian citizenship to own shares in businesses
licensed to operate television channels in Peru. In mid 1992, Mr. Ivcher
owned 53.95% of the shares in the Compañía Latinoamericana de
Radiodifusión S.A. (hereinafter “the Company”), the business that ran
Channel 2 television in Peru; the Winter Zuzunaga brothers –Samuel and
Mendel- (hereinafter “the Winter brothers”) owned the remaining 46% stake
in the company;
d)
In April 1997, Channel 2’s program “Contrapunto” aired reports of
torture committed by members of the Peruvian Army’s Intelligence Service,
and of the millions paid to Mr. Vladimiro Montesinos Torres, an Intelligence
Service advisor.
Because of these exposés, agents from the National
Treasury Police Bureau suggested to Mr. Ivcher that he change his editorial
stance;
e)
On May 23, 1997, the National Treasury Police Bureau instituted
proceedings against Mr. Ivcher, who did not appear because he was abroad.
An arrest warrant was issued for Mr. Ivcher for failure to answer a summons
to appear in court. That very day, the Executive issued a supreme decree
regulating the Nationality Act and stipulating that naturalized Peruvians could
lose their citizenship;
f)
On June 3, 1997, Mr. Ivcher filed a petition seeking a writ of amparo,
given the threat to his citizenship that the recent decree could pose. The writ
of amparo was denied on February 20, 1998. Other actions seeking to have
the decree in question declared unconstitutional were dismissed;
g)
In June 1997, by an administrative resolution the Peruvian
Government altered the composition of the Constitutional and Social Chamber
of Peru’s Supreme Court. Later, that Chamber removed from its bench those
judges who specialized in public law and replaced them;
h)
On July 10, 1997, as Channel 2 was announcing its broadcast of a
report on the tapping of the phone lines of opposition candidates, the Director
General of the National Police held a press conference where he explained the
findings of a report done by the Office of the Director of Immigration and
Naturalization to the effect that the file containing the documents required for
Mr. Ivcher to receive his citizenship papers had not been located. It also
reported that there was no proof that Mr. Ivcher had ever renounced his
Israeli citizenship. On July 11, 1997, the Director General of Immigration and

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