(IPYS/IFEX) – On 15 September 1997, the Court of Public Law ruledin favour of giving control of the Frecuencia Latina/Canal 2 television station to the brothers Samuel and Mendel Winter. The court’s ruling found reasonable in all respects the request made by the brothers Winter, owners of 46 % of the shares in Frecuencia Latina/Canal […]
(IPYS/IFEX) – On 15 September 1997, the Court of Public Law ruledin favour
of giving control of the Frecuencia Latina/Canal 2 television station to the
brothers Samuel and Mendel Winter. The court’s ruling found reasonable in
all respects the request made by the brothers Winter, owners of 46 % of the
shares in Frecuencia Latina/Canal 2, to assume control of the station. Juan
Armando Lengua, lawyer for Ivcher, said that a legal complaint would be
filed to the Supreme Court of Peru.
**Updates IFEX alerts dated 12 September, 29 and 6 August, 24, 15and 14
July, 3 June and 29 May 1997**
As well, the Court of Public Law also annulled in part the application
(accion de amparo) by Ivcher to prevent losing his Peruvian citizenship.
Lengua called on the Court to annul its decision, “for not being
well-supported, and for being arbitrary.” According to Gonzalo Quijandria,
host of the Canal 2 program “Contrapunto”, on 19 September, the Winters
brothers, now with the legal authorization to take control of the television
station, entered the station’s offices on 7:30 am following achange of
security personnel. Shortly after, the entire staff of “Contrapunto”
tendered its resignation to one of the brothers.
Elsewhere, in an exclusive interview held near Miami with a correspondent
with the Peruvian daily “El Comercio”, Ivcher stated that he was seriously
considering the possibility of renouncing his Peruvian citizenship. He
stated that he was always proud to be Peruvian, but that he could not accept
being treated as a fifth or sixth class citizen, and that everything had
been taken away from him. “Thus, I prefer to give up my Peruvian
citizenship.” Ivcher expressed surprise that the court’s verdict was handed
down one day after a report on “Contrapunto” regarding the so-called
“Emilio” plan to tap telephone conversations of politicians and journalists
(see IFEX alert of 16 September 1997). “The same thing happened earlier. A
report was broadcast about the tapping of telephone conversations, and the
following day the resolution about the withdrawal of my citizenship was
published. This is not a coincidence; it is crude measure whose aim is to
discredit the honour of both me and my family. This is something that I will
not allow,” Ivcher concluded.
For his part, on 18 September, the Ombudsman of Peru, Doctor Jorge
Santistevan, recognized that the controversial decision will affect the
fundamental rights of all Peruvians as regards nationality, freedom of
expression and information, and ownership rights. The same day, the board of
the Press Council of Peru denounced any attempt, either direct or indirect,
to put pressure on fundamental rights. In a communique, the Council
expressed its solidarity with threatened journalists and media outlets. It
referred to the Ivcher case, saying that the unconstitutional argument for
withdrawing his Peruvian citizenship occurred while Canal 2 was reporting
again on telephone tapping by government agencies. This, said the
communique, “gives the legal action a spurious character, since it is
evident that the aim is not to answer any alleged violation of the law
committed by a businessman, but rather to silence a media outlet.
“As well, the communique highlighted the troublesome similarities observed
in this and others incidents against journalists and media outlets which
“allow us to state with confidence that, in our country, we are witnessing a
progressive deterioration of the right to freedom of expression, putting at
risk the stability of the rule of law, and threatening members of the media.”
Background Information
In a July ruling, judge Escobar had suspended the ownership rights of Ivcher
in Frecuencia Latina/Canal 2, and had given control over the ownership of
all the shares in the station to the brothers Winter. Ivcher has faced legal
harassment because of the critical stance the station has taken (see IFEX
alerts).
Recommended Action
Send appeals to authorities:
annulled, since, as the Ombudsman of Peru mentioned, it will also affect the
fundamental rights of all Peruvians i regard to nationality, as well as
freedom of expression and information
Appeals To
Ing. Alberto Fujimori Fujimori
President of the Republic
Palacio de Gobierno
Plaza de ArmasLima 1, Peru
Fax: +511 4266770 (o Secretaria de Prensa +511 4266535)Ministry of Justicia
Lima, Peru
Fax: +511 4417320 / 4223577Dr. Moises Pantoja Rodulfo
President of the Supreme Court of Justicia Lima, Peru
Fax: +511 426255Attorney General
Lima, Peru
Fax: +511 4264429 / 4262474Gral. E.P. Juan Briones Davila
Minister of the Interior
Ministry of the Interior
Lima 1, Peru
Fax: +511 2242407Copies to:
R.P. Hubert Lanssiers
President of the Governmental Commission on Dialogue with the
National Direction on Human Rights
Fax: +511 4352991Dr. Jorge Santistevan de Noriega
Ombudsman of Peru
Office of the Ombudsman of Peru
Fax: +511 4264900
