59
162. In the context of the facts indicated above, this Court observes that the
resolution that annulled Mr. Ivcher’s nationality title constituted an indirect means of
restricting his freedom of expression, as well as that of the journalists who worked
and conducted investigations for Contrapunto of Peruvian television’s Channel 2.
163. By separating Mr. Ivcher from the control of Channel 2 and excluding the
Contrapunto journalists, the State not only restricted their right to circulate news,
ideas and opinions, but also affected the right of all Peruvians to receive information,
thus limiting their freedom to exercise political options and develop fully in a
democratic society.
164. In view of the foregoing, the Court concludes that the State violated the right
to freedom of expression embodied in Article 13(1) and 13(3) of the Convention,
with regard to Baruch Ivcher Bronstein.
XV
NON-COMPLIANCE WITH ARTICLE 1(1)
(OBLIGATION TO RESPECT RIGHTS
The Commission’s arguments
165.
Regarding Article 1(1) of the Convention, the Commission alleges that:
a)
the Court has stated that it is a principle of international law that the
State should respond for the acts and omissions of its agents even if they are
acting beyond their competence or in violation of domestic law and that all
violations of the rights recognized in the Convention by official authorities
may be attributed to the State; and
b)
both the arbitrary deprivation of Mr. Ivcher Bronstein’s nationality
title, and the acts that violated his right to due legal process, freedom of
expression, property and effective legal ownership constituted an additional
violation of the State’s obligation embodied in Article 1(1) of the Convention.
The State’s arguments
166. 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
167.
Article 1(1) of the Convention establishes that:
[t]he States Parties to this Convention undertake to respect the rights and freedoms
recognized herein and to ensure to all persons subject to their jurisdiction the free and
full exercise of those rights and freedoms, without any discrimination for reasons of
race, color, sex, language, religion, political oar other opinion, national or social origin,
economic status, birth, or any other social condition.
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