6
b)
As for identification and punishment of those responsible, the judgment
orders that the State is to investigate the facts that violated Mr. Ivcher’s
rights, in order to identify and punish those responsible for those
violations;
c)
As restitution to restore, insofar as possible, the situation as it was before
the violations were committed, the judgment orders that the State shall
facilitate the conditions to enable Mr. Ivcher to take the necessary
measures to recover the use and enjoyment of his rights as majority
shareholder in the Compañía Latinoamericana de Radiodifusión, S.A, as
he had been up until August 1, 1997, under the terms of domestic law,
and
d)
The judgment further orders that domestic law should be applied for
recovery of the earnings that Mr. Ivcher was denied as a consequence of
the violation of his rights as a shareholder in and officer of that firm,
including any dividends he is owed as a company shareholder.
In its judgment, the Court specifies that to comply with the clauses of the judgment
that in this paragraph are listed as c) and d), the respective petitions must be filed
with the competent national authorities. It is the national authorities who must
decide the matter in accordance with the applicable Peruvian laws.
The Court has thus clearly set out all the reparations applicable to the instant case
and has stipulated where measures must be taken directly with the Peruvian State
so that it, in accordance with its own laws, will settle Mr. Ivcher’s claims seeking
material damages. The State has a clear-cut obligation to fulfill: to receive, act
upon and settle those claims in accordance with the law.
VI
22.
Now, therefore,
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
pursuant to Article 67 of the Convention and Article 58 of the Rules of Procedure,
DECIDES:
unanimously,
1.
That the requests filed by the Inter-American Commission on Human Rights
and Mr. Baruch Ivcher Bronstein seeking interpretation of the Judgment of February
6, 2001 in the Ivcher Bronstein Case are admissible.
2.
That to determine any compensation owed for the material damages caused
to Mr. Ivcher, the pertinent provisions of Peruvian law are to be followed, and the
necessary claims are to be filed with the national authorities competent to settle
those claims.