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the convocation of a shareholders’ meeting and, finally, on October 7, 1998, the trial
judge ordered that this meeting should be held in November that year; Mrs. Ivcher
would represent the shares owned jointly through marriage.
On October 19, 1997, after Mrs. Ivcher’s right had been recognized in the civil
sphere, criminal proceedings were instituted against Mr. and Mrs. Ivcher and their
daughter, Michal, Sotelo and Otto Cabello, for crimes relating to the authenticity of
documents and their adulteration. Subsequently, Mr. Ivcher’s daughter, under his
sponsorship, filed a petition “contesting the agreement” (impugnacion de acuerdo),
which was allowed on November 2, 1998, and on November 18 that year, the
preliminary criminal investigation was expanded and Michal was included. There
appeared to be a clear relation of cause and effect between the two events.
The foregoing meant that neither Mrs. Ivcher nor her daughter, Michal, could enter
Peruvian territory. Therefore, it was not possible to convene the shareholders’
meeting and there was no one to represent the shares owned jointly through
marriage.
The Winter brothers filed an action for amparo against the judges who had decided
in favor of Mrs. Ivcher and her daughter, Michal, requesting that their mandates
should be annulled; this is prohibited by Article 139 of Peru’s Constitution, which
establishes that no one may intervene in a case which is pending before a
jurisdictional organ, or contest decisions that have the authority of res judicata.
He was also aware that during the shareholders’ meeting of November or December
1999, which was not convened publicly and did not include Mr. Ivcher, the minority
shareholders, disregarding the necessary quorum for commencing meetings and
voting established in Peru’s General Company Law, increased the equity capital,
which meant that the percentage of share capital held jointly through marriage was
reduced from approximately 53% to 38%. As a result, Mr. Ivcher Bronstein held a
minority of the shares. In his opinion, this agreement is null and contrary to the law.
There are two criminal charges against him, because he had been a Director of the
Company. As a result, he was prohibited from leaving the country for a year, his
property could be subject to “eventual” embargos and the prosecutor’s charge
requested a five-year term of imprisonment. He could suffer wrongful conviction, as
in the case of Rosario Lam and Julio Sotelo. He had never been involved in criminal
proceedings previously.
All the above-mentioned criminal proceedings were instituted through charges filed
by the Winter brothers and Remigio Morales Bermúdez, another minority shareholder
of the Company.
h)
journalist
Testimony of Fernando Rospigliosi Capurro, sociologist and
He published a book entitled “El Arte del Engaño: Las Relaciones entre los Militares y
la Prensa” (The Art of Deceit: Relations between members of the Army and the
Press) on the situation of Peru in recent years.
Since the 1992 coup, he has received telephone calls with death threats, faxes where
his name appeared on lists of people who, supposedly, were going to be
assassinated and, ultimately, threats via e-mail. There had also been slander, libel