3
Naturalization issued a decision that had the effect of stripping Mr. Ivcher of
the rights and privileges inherent in Peruvian citizenship;
i)
As a result of a petition of amparo filed by the Winter brothers, Mr.
Percy Escobar, provisional Criminal Judge appointed to the Special Public-Law
Court, ordered suspension of Mr. Ivcher’s rights as majority shareholder in
the Company and his appointment as Director and President. He also ordered
that a Special Shareholders Assembly be called to elect a new board of
directors. He prohibited transfer of Mr. Ivcher’s assets and gave the Winter
brothers tentative control of the Company;
j)
The challenges brought by Mr. Ivcher starting in July 1997 seeking to
have the decision that had revoked his citizenship vacated and its
consequences suspended did not prosper;
k)
On September 19, 1997, Judge Percy Escobar, assisted by Peruvian
police, handed over management of the Company to the Winter brothers and
refused to allow the journalists who worked on the “Contrapunto” program to
enter the premises; and
l)
Mr. Ivcher’s voter registration was shown as nullified on the voter role
for the elections held in Peru on October 12, 1998.
III
PROCEEDINGS WITH THE COMMISSION
3.
On June 9, 1997, Peruvian Congressman Javier Diez Canseco advised the
Comission that Mr. Ivcher might possibly loss his Peruvian citizenship. On July 16,
1997, the Dean of the Lima Bar Association, Mr. Vladimir Paz de la Barra, filed a
complaint with the Commission alleging that the Peru had revoked Mr. Ivcher’s
Peruvian citizenship.
4.
The Commission formally opened the case on July 18, 1997, and requested
information from the State in regard thereto.
5.
On August 26, 1997, Mr. Ivcher requested a hearing with the Commission; as
of this request, the Commission regarded him as the principal petitioner and victim
of the alleged violations.
6.
Peru replied to the Commission on September 12, 1997, and requested that
the petition be declared inadmissible.
7.
On October 9, 1997, during the Commission’s 97th session, a hearing was
held concerning the petition’s admissibility.
8.
On February 26, 1998, during the Commission’s 98th session, a second
hearing was held on the instant case’s admissibility.
9.
By note of May 29, 1998, the Commission placed itself at the disposition of
the parties to attempt a friendly settlement, and asked that they reply within 30
days. Following an extension granted at the State’s request, on July 31, 1998, the