5
IV
PROCEEDINGS WITH THE COURT
15.
On March 31, 1999, the Commission filed an application for the Court to
decide whether articles 8 (Right to a Fair Trial), 13 (Freedom of Thought and
Expression), 20 (Right to Nationality), 21 (Right to Private Property) and 25 (Right to
Judicial Protection) of the American Convention had been violated, all in relation to
Article 1(1) (Obligation to Respect Rights) thereof. It also petitioned the Court to
find that the State must restore to Mr. Ivcher Bronstein the full enjoyment of his
violated rights and guarantees, specifically:
a.
To order that Mr. Ivcher Bronstein’s Peruvian nationality title be
reinstated and that full and unconditional recognition of his Peruvian
nationality be restored, with all attendant rights and prerogatives.
b.
To order that Mr. Ivcher Bronstein’s enjoyment and exercise of
his right to own his shares in the Compañía Latinoamericana de
Radiodifusión S.A. be restored to him, along with all his prerogatives
as a shareholder in and administrator of that business.
c.
To order that Peru must guarantee Mr. Ivcher Bronstein’s
enjoyment and exercise of his right to freedom of expression and, in
particular, that the acts of harassment and persecution against him
cease.
d.
To order that the material and moral damages that the conduct
of Peru’s administrative and judicial organs caused to Mr. Ivcher
Bronstein be redressed and that he be paid damages.
The Commission also petitioned the Court to order the State to adopt the legislative
and administrative measures necessary to avoid a recurrence of events of this
nature, and to investigate the violation of Mr. Ivcher’s basic rights and punish those
responsible. Lastly, the Commission requested that the State be ordered to pay
costs and to reimburse the victim for the expenses incurred in litigating this case,
both in the domestic courts and in the inter-American system, including reasonable
attorneys fees.
16.
The Commission named Mr. Hélio Bicudo and Mr. Claudio Grossman as its
delegates; Mr. Jorge E. Taiana, Mr. Hernando Valencia Villa, Ms. Christina M. Cerna,
Mr. Idnacio Alvarez and Mr. Santiago Cantón as advisors, and Mr. Alberto A. Borea
Odría, Mr. Elliot Abrams, Ms. Viviana Krsticevic and Ms. María Claudia Pulido as
assistants.
17.
Pursuant to Article 34 of the Court’s Rules of Procedure, on April 20, 1999 the
President requested that the Commission correct certain problems in the
presentation of the application and gave it 20 days in which to do so.
18.
On May 5, 1999, the Commission corrected the problems with the
documentation submitted with the application.
19.
On May 10, 1999, the Secretariat of the Court (hereinafter “the Secretariat”)
notified the State of the application and advised it of the time limits for answering