Transcript:
Good morning, say hi By Manuel Morón boulanger, right to information student. We will need to talk about the analysis of the case. Several hits are lent several euros time of Israeli origin was the majority shareholder of Latin frequency with the taxi 94% of said actions was deprived of his Peruvian nationality, which had been an activity supreme decree 06 49 ere on November 27, 1984 for reprisals against Transmissions for uncovering of corruption by the government of Alberto Fujimori connections with his adviser from the same mountain, but with drug traffickers like Chávez as Demetrio, Chávez, Peñaherrera L. Vatican rights violations, human beings as denounces of Leonor La Rosa Bustamante for having tortured of the calming reason for having leaked information to the press about activities against opposition journalists and authorities of that time, also for the complaint of murder of cement court of other people in the service army intelligence, Mariella Barreto, saying or supposedly leak information to the press, and it is quite a notorious case at that time, or the human rights violations was provided by the Hill Group and the dissemination of the sworn recordings of the advisor’s millionaire income of the without Vladimiro, Montesino’s facts that were propagated and denounced in the breast pro journalist with counterpoint. All this triggered the loss of his nationality and negative control of Channel 2 in its capacity as a shareholder majority and on the part of the criticisms they had with the government, Peruvian and the armed forces and the National Intelligence Service. On May 23, 1997 the Joint Command of the Armed Forces released an official Communiqué 002 97 is in which, in addition to making reference to his status as a nationalized. Peruvian citizen accused several fans of being using their media to carry out a campaign of smear against the armed forces for the fact since naturalization situations and broadcast comments from a clearly ill-intentioned position. Obviously all this area away from the it was actually because of all the shelves that were going out at that time on the other hand baby to say that the Peruvian legislation in another regard to nationality prescribes that the foreigners cannot be owners of a channel or radio channel or television. So the revocation of Peruvian nationality of value shifter removed him from the direction of said channel and on May 28, 1997 The Peruvian executive published Supreme Decree 004 97 which approve regulation of the nationality law 26 57 4 in which the text established that. According to Article 12, subsection of naturalization, it was canceled for committing acts that could affect national security and the interest of the state with Regarding the regulation of the nationality law in question, the President of the Republic, the power to revoke nationality, the nationality of an individual for reasons of national security and interests of the been in flagrant violation, This clearly fracturing not only of vehicles, 20 and 29, the American convention, but also of articles 2 and 53 of the political constitution of 93 coincidentally, with the programming of the regulation of the law in action and at Joint Command of the Armed Forces, issued an official statement in which denounced Mr Baruch Ivcher for carrying out a smear campaign tending to discredit the armed forces. He has July 97 General director of the General Police PNP, Fernando Diandera’s ottone, in Express Conference between Press, presented the conclusions of the report prepared by the General Directorate of Migrations and naturalization, a report 0 03 97 0 50 10 through which realized that the file of naturalization that gave rise to the title, the internationality of the entrepreneur. Israeli, in this sense said press conference was followed by the publication of the directorial resolution number 117 97 S 0 50 10 000 0000 of July 1.1 1997 and signed by the director general of Migration and naturalization. Colonel PNP Victor Hugo, a man of the site by which the title of Peruvian nationality, must show off course time due to substantial omissions that invalidated it because of our quality to the timely resignation and provides your nationality before the competent authorities of Peru have proven to be mentally. I have done it. To the one of his country of origin in the recitals of the resolution directorial in question highlighted the non-existence of that copy or copying address any record that proves the existence of the nationalization process carried out carried out by various court decision sites. Several switcher filed a request for protection with the Ministry of the Interior, – questioning articles 12, and 15 the regulations of the nationality law 26 57 4 In addition to requesting its inapplication, which was declared unfounded in the first instance, raising the actuated the specialized transitional corporate room public law, which dated November 12, 97 declares the nullity of the action, due to an error in the notification of the defendant, returning the cars to the first instance back to my distance on the 20th February 98 after Pepsi or they go and make a character quite controversial again would clarify from the aforementioned defendant for also several sites on July 14, 97 It would proceed to file another. I Amparo. This time against the directorial resolution that left without legal effect, his title of Peruvian nationality, requesting that his Nullity means because it was impossible for a rule of lesser hierarchy. Nullifies subtitle of nationality obtained mind a decree supreme. This controversy was resolved again later to see if Escobar by sentence of August 14, 97 declaring the unfounded, which was contested. There was an appeal before the transitory corporate court specialized in public law, which would pronounce sentence of October 24, 97 declaring the nullity of all degree due to an error. In the notification of the lawsuit. The cars being returned to first instance, and consequently turning everything into a circle vicious. Since on November 12, Judge Pérez Escobar again would declare the Amparo claim unfounded again. This sentence was appealed again and the cars went back to second instance, where the appeal was confirmed the resolution that the petitioner then appeal to the constitutional court. However, for those times, the court was mutilated and weakened by counting only with four members due to the dismissal of its other three members in parallel on July 1.1 97 The men Del Winter Zuzunaga and Samuel Winter sounded fragmented shareholder in Latino frequency filed a claim for Amparo, in which they requested that the compensations on said company carried out by Mr Baruch Ivcher Los Stein, alleging that shocking the Israeli he was prevented from carrying out such acquisitions, so the first transistor corporate court specialized public law in charge of the judge. Percy Escobar declared founded the application for protection in the same file. They requested a precautionary measure on July 97 that will be granted to the administration of said Channel by virtue of of the nationality title, Mr. Several had already been without legal effect and consequently, according to Peruvian legislation, it was required to have said nationality to be the owner of a means of communication, which was first obtained by Judge Percy Escobar from the first game specialized corporate public law on August 1 1927 with a series of a procedural which did not enjoy an example site. Vicente says that it was confirmed then September 1997 by the court transitory corporate law of public law of the Superior Court of Lima that is to say to the dead king put King Para de Mente or on June 9 97 the Inter-american Commission on Human Rights. Humans reported receiving a complaint from the Peruvian congressman, Javier Ten Canseco, who denounced the State Interior Commission. The conditions were being created to arbitrarily deprive nationality to the employer, but in ovaries and at the cost in violation of the Article 20 of 20.3 the convention, which would be to be deleted corroborated with the Complaint filed on July 17, 97 by the Lima Lawyers Association Standard Vladimir Paz de La Barra, who accused the Peruvian state of having left effect on the Peruvian nationality title granted several sites. The petition was based on Article, 53 of the Constitution and Article 6 of Law, 26 5 7 and 4 The commission opened the case for a site. Kristen Bell topped with number 1.1 7 62 on July 18, 97 In this regard on July 30, 97 The commission requested the Peruvian state that makes up Article 25 Only the state denounced shall adopt effective precautionary measures in order to restore the Peruvian nationality. Mr. Baruch Ivcher. Since it was considered that a irreparable damage by virtue of the deprivation of his nationality On 20 October, Mr. Baruch Ivcher. Burstein submitted a brief to the Commission in which accompanied a copy of the notarial instrument dated 6 December 9 84 with elevation extended on July 6 90 stating his renouncement of Israeli nationality, as well as a clarification of the notary public doctor maximum Vargas who needs and he needed to have given two testimonies of the aforementioned public document. The first sentence, issued by the Inter-american Court on This case, was on September 24, 99 on the competition through which the Inter-american court would declare itself competent to hear this case. In this sense, it would declare inadmissible the alleged withdrawal of Peru from the contentious jurisdiction and of this court, in addition to deciding to continue with its knowledge and processing In this regard. On February 6 2001 The same court issued judgments on the merits in the Balyoz Fitch case, El Verso, Peru, through which it was pronounced in the sense that the Peruvian state had violated their right to nationality enshrined in article 20 numerals, 1 and 3 the right to judicial guarantees and judicial protection enshrined in articles, 8 numerals, 1 2 and 25 numeral 1 as well as their right to freedom of expression enshrined in article 13 numbers, 1 and 3 in relation to with Article 1.1 of the American Convention on Human Rights. It should be said on the other hand that the third sentence, issued by the Inter-american Court of Human Rights were to resolve the demand for interpretation of the judgment on the merits issued on February 6 2001 In this case For your part. Mr. Guillermo, are I request the contribution to interpret the sentence regarding the reparation obligations that arise from it as well as the procedure that must be followed so that it satisfies a just reparation that restitute integrity. The damage certainly caused the court of human rights had resolved in his judgment of merits, The payment of 20 thousand American dollars to favor of several and Cher for moral damages and fifty thousand dollars, Americans for reimbursement of expenses and costs generated as long as in the internal international and internal and international order, omitting to rule on the item of material damage. In that sense, The court ruled unanimously that the claims of interpretation of the judgment of the CCE of February 2001 in the case of Michelle Ross Stein interpreted for the Inter-american Commission on Rights Humans and the Lord various costs to determine your but correspond by the material damage caused to the Lord and that it should be addressed that what is appropriate Under the terms of Peruvian legislation formulating the claims respective claims before the competent national authorities to solve them in this way was that the Israeli businessman, having in his favor and as president, the ruling of the Inter-american Court of Human Rights Arbitration, submitted the issue of operations in general, the same that had as a counterpart, the Peruvian state. This court was chosen by both parties, the same that would be pronounced by the award on July 4 2005 to the payment of the sum of US, $ 6 million for repairs in favor of the CIF value over this amount that would be paid later on check December 29, 2005 reference in prosthesis. On the other hand. We have the opinion on the protection to the right of view regarding the protection of journalistic practice, We can indicate that there are various laws within your legal system in this regard, but there is one in particular that in our opinion is the one that sums up in a better way. The subject of law, 26 9 37 is a law that contemplates the free exercise of journalistic activity since it is Article 1 in the validity of right of free expression. Section 4 of Article 2 The Constitution guarantees the full validity of the right of free expression of thought subject to the constitutional norms in force in Article 2 the exercise of the right to free expression, the right recognized, according to the Constitution in article present, can be freely exercised by any person. Given this, we believe that it is necessary to be vigilant so that the law is complied with in order to avoid abuse of authority by current rulers and to wait above all for the events related to violations of freedom of expression in order to guarantee, said exercise of exercise fundamental, the expression value essential essential in the struggle to achieve the consolidation of all democratic regime and to conclude we must also say that just as it is important to be vigilant before any fact of coercion by the governments of the day of the owners of the media, communication between entrepreneurs among others is vitally important to avoid excesses that exist today in the media. Regarding the reverse information and report ethically and truthfully as fundamental part of our profession. Thank you very much.