15. In the same filing, the petitioner sought a restraining order to suspend the effects of the
directorial resolution that stripped him of his citizenship. That petition was denied on August 15,
1997. When the ruling was appealed, the same Lima Superior Court Public Law Chamber, in a
ruling dated September 11, 1997, nullified all the proceedings owing to an error in the
notification of the defendant. When the case was returned to the lower court, on October 16,
1997, the presiding judge, Dr. Percy Escobar, again denied the request for a restraining order.
The appeal on that ruling was decided by the Provisional Public Law Chamber which, on
December 11, 1997, upheld the lower court's ruling, declaring that the provisional measure
requested was out of order.
16. At the same time, on July 11, 1997, Mr. Mendel Winter Zuzunaga and Mr. Samuel Winter
Zuzunaga, minority shareholders in Frecuencia Latina, filed their own petition ofamparo seeking
nullification of Mr. Baruch Ivcher B.'s purchase of shares in that television channel; they argued
that because Mr. Ivcher was an Israeli citizen, he should have been barred from purchasing
those shares and that the purchases should be declared null and void. In the same application,
they petitioned the court for a provisional measure to allow them to take control of the channel's
administration. In the lower court, the Judge of the First Public Law Chamber acceded to their
request on August 1, 1997; his ruling was upheld on September 12, 1997, by Lima Superior
Court's Provisional Public Law Chamber; the result was that Mr. Baruch Ivcher B.'s appointment
as Director of the Latin American Radio Broadcasting Corporation and as Chairman of the Board
of Directors of that body was revoked until the question of his Peruvian nationality was decided
by the competent authority.
17. On September 19, 1997, the brothers Winter Zuzunaga, minority shareholders in the
television channel, took over its control and immediately barred from the premises a number of
journalists and officials identified as being in Ivcher's camp. That list was formalized and certified
by Notary Public Manuel Noya de la Piedra.
18. Mr. Baruch Ivcher filed for a remedy of cassation against the resolution that handed over
control of the channel to the minority shareholders. That application was denied, thus leaving
control of the channel in the hands of the minority shareholders.
19. For his part, the victim filed another remedy of amparo challenging articles 12 and 13 of the
Regulations governing Nationality Act No. 26.574. The lower court dismissed his application on
the grounds that it was unfounded. The case was then taken to the Provisional Public Law
Chamber which, on November 12, 1997, nullified the proceedings because of an error in the
notification of the defendant, and sent the case back to the lower court.
20. For their part, Frecuencia Latina journalists Fernando Vian Villa et al. and Alberto Borea
Odria et al. filed class action suits challenging articles 12 and 13 of the Regulations governing
the Nationality Act.
21. On October 23, 1997, the Inter-American Press Association passed a resolution at its 53rd
General Assembly wherein it pointed out that with the silencing of Television Channel 2 for
having reported government violations of human rights, freedom of press in Peru had been
seriously compromised; it therefore resolved to urge repeal of the resolution that stripped
Baruch Ivcher of his Peruvian citizenship, thereby permitting him, as the channel's majority
shareholder, to remain in control of the channel.
IV.
PROCEEDINGS BEFORE THE COMMISSION
22. On June 9, 1997, the Inter-American Commission on Human Rights (hereinafter the
"Commission") received a petition filed against the Republic of Peru (hereinafter the "Peruvian
State" or the "State") by Congressman Javier Díez Canseco. There Congressman Díez Canseco
alleged that judging from the events occurring in Peru at that time, the victim could well be on
the verge of being stripped of his Peruvian citizenship.
23. Later, on July 16, 1997, the Commission received a second petition filed against the Peruvian
State, this time by the Dean of the Lima Bar Association, Dr. Vladimir Paz de la Barra, wherein
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