REPORT No. 27/15 CASE 12.795 MERITS ALFREDO LAGOS DEL CAMPO PERU July 21, 2015 I. SUMMARY 1. On August 5, 1998, the Inter-American Commission on Human Rights (hereinafter, "InterAmerican Commission," "Commission," or "IACHR") received a petition from Mr. Alfredo Lagos del Campo (hereinafter, “the alleged victim”) alleging the international responsibility of the Republic of Peru (hereinafter, “Peru” or “the State”) for failing to protect his right—as a labor union leader—to express opinions in the context of a union election dispute. Subsequently, the Association for Human Rights [Asociación Pro Derechos Humanos], APRODEH (hereinafter “the petitioners”), became the representative of the alleged victim in this case. 2. The petitioners maintain that on June 26, 1989, Mr. Lagos del Campo was dismissed from an industrial manufacturing company, based on statements he made lawfully when he was president of the electoral committee of a labor union. They assert that the alleged victim’s dismissal was an act that sought to discourage all of the company’s employees from exercising their rights vis-à-vis the employers in the context of internal elections. The petitioners indicate that the processing of the lawsuit for “classification of dismissal” and the petition for a constitutional remedy [recurso de amparo] filed by the alleged victim was plagued by violations of due process. Accordingly, they allege that the Peruvian State violated Mr. Lagos del Campo’s right to a fair trial and right to freedom of expression, enshrined in Articles 8.1 and 13 of the American Convention on Human Rights (hereinafter, ¨the Convention¨ or ¨the American Convention¨), in relation to Articles 1.1 and 2 thereto. 3. According to the State, the main issue raised in this case was resolved in the judgment of the court of second instance, which found that the offending statements that the worker made to the media were a “serious infraction,” provided for by law as a ground for dismissal. It argued that the fact that the court failed to rule in the alleged victim’s favor, and that his appeals or prayers for relief were ruled inadmissible, does not mean that his rights were violated. Therefore, the State asked the IACHR to exonerate it of all international responsibility in relation to these events. 4. In Report No. 152/10 of November 1, 2010, the Commission concluded that the petition was admissible with respect to Articles 8 (right to a fair trial), and 13 (freedom of expression) of the American Convention, in connection with Articles 1.1 and 2 thereto, to the detriment of Alfredo Lagos del Campo.1 The IACHR found that the petition was inadmissible in relation to the alleged violation of Articles 24 (right to equal protection) and 25 (right to judicial protection). 5. Based on the examination of the arguments and the evidence presented, the Commission concludes that the State of Peru is responsible for the violation of the rights to a fair trial and to freedom of expression pursuant to Articles 8.1 and 13 of the American Convention in connection with Articles 1.1, 2 and 16.1 thereto, to the detriment of Alfredo Lagos del Campo. II. PROCESSING SUBSEQUENT TO THE REPORTS ON ADMISSIBILITY 6. The Commission forwarded Report No. 152/10 of November 1, 2010 to the petitioners and the State in communications of November 12, 2010, and set a three-month deadline for the petitioners to 1 (2). IACHR, Report No. 152/10, Petition 459-97, Admissibility, Alfredo Lagos del Campo, Peru, November 1, 2010, para. 42(1) & 1