(IFJ/IFEX) – The Public Law Court of the Lima Supreme Court ruled that the legal action put forth by the Winter brothers is justified. The action would prevent Neomy Even de Ivcher from exercising her rights as majority shareholder of Frecuencia Latina – television Channel 2; rights to which she had been entitled as Baruch […]
(IFJ/IFEX) – The Public Law Court of the Lima Supreme Court ruled that
the legal action put forth by the Winter brothers is justified. The
action would prevent Neomy Even de Ivcher from exercising her rights as
majority shareholder of Frecuencia Latina – television Channel 2; rights
to which she had been entitled as Baruch Ivcherâs spouse.
** Updates IFEX alerts of 9 November and 27 October 1998. For background
on other cases against Ivcher see IFEX alerts of 18 February 1999, 17
December, 4 November, 16 September, 2 September, 18 August, 15 July 1998
and various other alerts**
This ruling has been passed, even though previously the 29th Civil
Tribunal allowed Ivcher to exercise her rights, and permitted her to
call for a Shareholders’ General Directors meeting to render this right
effective. Once this possibility was made public, the Winter brothers
presented an appeal, which was originally rejected by the 29th Tribunal
and is today inexplicably supported by the Public Law Court.
Apparently the lawyers for the Winter brothers appealed the decision of
the 29th Tribunal, on the grounds that, according to their
understanding, it contradicted the 1997 legal ruling that, given that
Baruch Ivcher was stripped of his Peruvian nationality, his
administration duties at the station and all his rights as majority
shareholder were suspended.
The Public Law Court is now rejecting the resolution made by the 29th
Tribunal, adding that the Ivcher case is already a “tried matter”.
However, it appears that this legal entity has not taken into account
the fact that according to a Peruvian Supreme Court decision, the 1997
ruling does not apply to Ivcher, given that she did not take part in the
legal proceedings held against her husband.
Furthermore, Ivcher was never notified of this new legal case, and did
not take part in the proceedings, until just after the sentence was
pronounced, even though she was the main accused party.
Several national and international organisations are hoping that this
arbitrary and faulty decision will be revoked by the Constitutional and
Social Branch of the Supreme Court, and thus prevent any future
sentences of this kind that do nothing more than negatively affect the
image and unity of the already weakened Peruvian Judicial Power.
Recommended Action
Send appeals to authorities:
case, as he has been stripped of his Peruvian nationality and of his
rights as majority shareholder in the television Channel 2 for having
publicized information about the current governmentâs human rights
violations
Appeals To
Alberto Fujimori Fujimori
President of the Republic
Governmental Palace
Fax: +51 14 26 6535Victor Castillo Castillo
President
Supreme Court of Justice
Justice Palace
Fax: +51 14 268851Jorge Santistevan de Noriega
Ombudsman
Ombudsmanâs Office
Fax: +51 14 267889Ricardo Marcenaro Frers
President
Congress of the Republic
Fax: +51 14 280195
Please copy appeals to the source if possible.
