he charged that the Peruvian State had revoked the Peruvian citizenship given to Baruch Ivcher
Bronstein. The petition was based on Article 53 of the Constitution, which protects citizenship;
Article 6 of Law No. 26.574, which stipulates that naturalization shall be either approved or
canceled, as appropriate, by virtue of a supreme resolution, the argument being that the
directorial resolution was unconstitutional. This petitioner added that the violation of the
Peruvian legal system was also a serious violation of Article 20(3) of the American Convention on
Human Rights.
24. On July 18, 1997, the Commission instituted proceedings by sending a communication to the
Peruvian State requesting information within 60 days and assigning the case number 11.762.
Provisional measures
25. On July 28, 1997, the Commission received a note from the first petitioner and Peruvian
Congressman Javier Díez Canseco, dated July 14, 1997, alleging that events had transpired at
that time which had resulted in a violation of Mr. Baruch Ivcher B.'s right to citizenship. The note
added information relating to the underlying motives and preambular paragraphs of the
resolution that stripped the victim of his nationality. The note stated that at a press conference,
the Director General of the National Police purportedly explained that "no record has been found
at any office of the Bureau of Immigration and Naturalization to confirm the existence of the file
that led to Mr. Ivcher's Nationality Document No. 004644", which was why the Director of the
Service issued the resolution in question.
26. In the same application, the petitioner asked the Commission to "agree to the appropriate
provisional measures", to avoid irreparable harm.
27. On July 30, 1997, the Commission sent a letter to the Peruvian State requesting that,
pursuant to Article 29 of the Commission's Regulations, effective provisional measures be
adopted to restore Peruvian citizenship to Baruch Ivcher Bronstein, since the latter could be
irreparably harmed if stripped of it.
28. On August 26, 1997, the Commission received a letter dated August 26, 1997, wherein Mr.
Baruch Ivcher Bronstein requested a hearing with the Commission to denounce the Peruvian
State's violation of his rights.
29. On September 2, 1997, the Peruvian State requested that the Commission extend the
deadline for providing the Commission with information. The Commission responded by granting
a 15-day extension.
30. On September 12, 1997, the Permanent Representative of Peru provided the Commission
with a report on the case in question, prepared by the National Human Rights Council. There the
Commission was asked to declare the petition inadmissible by virtue of articles 46 and 47 of the
American Convention on Human Rights and the corresponding articles of the Commission's
Regulations, since at the time a number of proceedings were in progress in domestic courts;
were the Commission to take up the case, it would be taking over cases now pending in the
Peruvian courts, as the remedies under domestic law had not been exhausted.
31. On September 18, 1997, the Permanent Representative of Peru sent the Commission a
report prepared by the Council for the Defense of Human Rights, Memorandum No. 1613-97JUS-/CNDH-SE, where the State addresses the matter of the provisional measures requested by
the Commission via note of July 30, 1997; in that note the State had been asked to adopt
"effective provisional measures to restore Peruvian citizenship to Mr. Baruch Ivcher B."
32. That memorandum began by pointing out that the petition was inadmissible on the grounds
that the remedies under domestic law had not been exhausted. Its response to the
Commission's request for provisional measures was that the principles at issue in regard to the
provisional measures were the same as those at issue in the merits in the case, a case being
heard by the domestic courts at that time. It therefore asked that the Inter-American
Commission on Human Rights, "based on articles 46(1)(a) and 47(a) of the Convention, articles
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