7
9.
That with regard to the processes and accusations referred to by the State, Mr.
Ivcher indicated the following:
a)
with relation to the process No. 1360-2003, regarding the removal of his
nationality, which he described as “surprising” the fact that the Provincial Criminal
Prosecutor of Lima “[had] declar[ed] well-founded the statute of limitations invoked
by Victor Hugo Huamán del Solar.” According to Mr. Ivcher, “the statute of
limitations of this criminal process had been due to […] constant delays and [to] the
possibility [of] that [Mr. Huamán del Solar] was absent from the country while it was
processed.” “In sum, Víctor Hugo Huamán Del Solar had benefitted from the passage
of time in his favor without receiving a sentence for having signed the order that
removed the Peruvian nationality [from Baruch Ivcher];”
b)
regarding the process No 29-2004 against Vladimiro Montesinos and others,
Mr. Ivcher pointed out that he was obligated to bring the corresponding charge on
May 28, 2002, “due to the inaction of the Peruvian State, that [was] the obligated
party [to do it], according to that resolved by the Judgment [of the Court].” At the
same time, the evidence stands out that sustained the prosecutorial charge for the
offenses of active bribery “that were contributed by [h]im […], without the Peruvian
State […] which ha[d] been capabl[e] of driving, compiling, gathering, organizing,
and continuing with the charges and investigations that the Inter-American Court […]
had ordered it to carry out;”
c)
in the process No. 16-2004 against Guido Guevara Guerra and Raúl Talledo
Valdivieso, the lack of fulfillment with the obligation concerning the way that “there
is no condemnatory judgment for the persons that violated the rights of Mr. Ivcher;”
d)
“today [Mr. Percy Escobar Lino] is in prison, precisely for being connected
with the criminal network of Montesinos and Fujimori;”
e)
“the State has not given information regarding the legal situation of the exSpecialized Prosecutor of Tax Offenses and Customs Hilda Valladares Alarcón, who
was in charge of accusing [Mr. Ivcher] for the inexistent offenses during [his]
persecution and that previously, with the fall of the [r]egime of Fujimori and
Montesinos, avoided for a long time to realize the punishable facts that were
committed while persecuting [him],” and
f)
concerning the “agreements of efficient collaboration” endorsed between the
Ad-Hoc Government Attorney’s Office for the cases of corruption and the brothers
Winter Zuzunaga, who informed that “they recognized their complicity and
accomplice parts in the offenses of embezzlement and illicit association to commit a
criminal offense” in order to benefit themselves of the reduction of their sentence to
37th Criminal Provincial Prosecutor’s Office of Lima against Einhorn Hain Naftali, for the offense against the
jurisdiction function – false accusations committed against Baruch Ivcher, that was formalized on December 5,
1996, and f) Complaint against Sergio Carlos Tapia Tapia committed against Baruch Ivcher Bronstein, that was
derived through Official Act No. . 53-2003-D-MUPFPEDCF-MP-FN to the Second Specialized Provincial Prosecutor’s
Office for offenses of corruption of the employees, “which at the same time filed it as accusation No. 14-2003 and
that accumulated to the accusation 24-2002 that was formalized on July 14, 2002, and that previously[,] on
January 31, 2005, formalized an [a]mplification of the complaint before the Third Special Criminal Court.”