52
Judge Percy Escobar ordered the precautionary measure, did not satisfy the
minimum requirements of due legal process (supra para. 115). In this respect, the
Court observes that when a procedure is conducted in violation of the law, the
corresponding legal consequences should also be considered illegal. Consequently,
the deprivation of the use and enjoyment of Mr. Ivcher’s rights relating to his shares
in the Company was inappropriate, and this Court considers that it was arbitrary,
and, therefore, not in accordance with the provisions of Article 21 of the Convention.
131. In view of the foregoing, the Court concludes that the State violated the right
to private property established in Article 21(1) and 21(2) of the American
Convention, with regard to Baruch Ivcher Bronstein.
XIII
VIOLATION OF ARTICLE 25
(JUDICIAL PROTECTION)
The Commission’s arguments
132.
With regard to Article 25 of the Convention, the Commission alleges that:
a)
the Court has interpreted Article 25 of the Convention in order to
guarantee, inter alia, a simple, prompt and effective recourse for the
protection of the fundamental rights of the person;
b)
the domestic recourses filed by Mr. Ivcher Bronstein to obtain
reparation of his rights were ineffective. Such recourses consisted of an
action for amparo against the “directorial resolution” that annulled his
nationality title; a request for a precautionary measure to suspend the effects
of this “directorial resolution”; a recourse against the resolution that admitted
the precautionary measure that gave the administration of Channel 2 to the
minority shareholders, and an action for amparo to question Articles 12 and
13 of the Regulations to Nationality Law No. 26574; and
c)
the violation of Article 25 of the Convention consists in the absence of
a simple and prompt recourse before a competent tribunal to remedy the
situations denounced. The judicial proceedings filed against Mr. Ivcher left
both him and his family defenseless.
The State’s arguments
133. Peru did not submit any arguments on this issue, since it did not appear
before the Court in the case sub judice (supra para. 78).
*
*
*
The considerations of the Court
134.
Article 25(1) of the American Convention establishes that:
Everyone has the right to simple and prompt recourse, or any other effective recourse,
to a competent court or tribunal for protection against acts that violate his fundamental
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