Appeal before the Constitutional Court
63.
On July 26, 1996, in view of the resumed operation of the Constitutional Court of Peru, Mr.
Lagos del Campo filed a pleading before Fifth Civil Chamber of the Superior Court requesting that his amparo
action be reopened and referred to the Constitutional Court.28 On January 13, 1997, the alleged victim again
made the same request.29 In a ruling dated June 24, 1997, the Third Specialized Civil Chamber of the Lima
Superior Court found the request inadmissible, on the grounds that Mr. Lagos del Campo should have filed a
petition for cassation within 15 days of having received notice of the denial of his amparo petition.30
64.
Dissatisfied, Mr. Lagos del Campo filed a motion for appeal on July 18, 1997,31 stating that the
Constitutional Court was “shut down by the government of pacification and national reconstruction,” and that he
therefore filed appeals before the Constitutional and Social Chamber of the Supreme Court, which were never
adjudicated. On July 25, 1997, the motion was ruled inadmissible on the grounds that there was no provision of
law that allowed for the appeal of the June 24, 1997 order.32
65.
On August 19, 1997, the alleged victim filed a petition for the review of a denied appeal, once
again requesting the intervention of the Constitutional Court.33 Shortly thereafter, on October 2, 1997, Mr. Lagos
del Campo submitted a petition for the review of a denied appeal to the Chief Justice of the Constitutional Court,
asking to have the amparo action examined and reviewed.34 In an order dated November 27, 1997, the
Constitutional and Social Chamber of the Supreme Court adjudicated petition No. 447-97, ruling it inadmissible
on the grounds that, by law, judgments issued by the Superior Court at the Second Instance must be challenged by
means of a motion to vacate, rather than a motion for appeal.35 Mr. Lagos del Campo requested the correction and
explanation of that order on February 25, 1998.36
e.
The situation of Alfredo Lagos del Campo after his dismissal
66.
Mr. Lagos del Campo was born on February 21, 1939.37 He and his wife, Teresa Gonzales
Cornejo, had 14 children: Maritza Elena, Luis Alfredo, Ana María, Daniel Marcelino, Rosario Isabel, Lucía
Angélica, Willy, Lourdes María, Soledad, Marco Antonio, Gabriela Teresa, Maribel, Patricia, and Julio César, all
of whom share the surnames Lagos González. When he was terminated from his employment, Mr. Lagos del
Campo was 50 years old and had 6 school-age children.
67.
According to the information provided by the petitioners—which was undisputed by the
State—after his dismissal Mr. Lagos del Campo was unable to access all of the social security benefits that
were tied to his employment. The economic hardships of the times, his age, and the circumstances of his
28 Annex 21. Request filed with the Fifth Civil Chamber of the Superior Court of Lima. Case File No. 2615-91. July 26, 1996.
Attachments to the petitioners’ communication of July 23, 1998. In support of his request, Mr. Alfredo Lagos invoked Article 202(2) of the
Constitution, which provides that “It is incumbent upon the Constitutional Court: 2. To review, at the last and final instance, denials of
writs of habeas corpus, amparo, habeas data, and compliance actions.”
29 Annex 22. Request filed with the Fifth Civil Chamber of the Superior Court of Lima. Case File No. 2615-91. January 13, 1997.
Attachments to the petitioners’ communication of July 23, 1998.
30 Annex 23. Third Specialized Civil Chamber of the Superior Court of Lima. Case File No. 2625-91. Decision of June 24, 1997.
Attachments to the petitioners’ communication of July 23, 1998.
31 Annex 24. Motion for appeal filed by Mr. Alfredo Lagos del Campo a la Third Specialized Civil Chamber of the Superior Court
of Lima. A.A.2615-91. July 18, 1997. Attachments to the petitioners’ communication of July 23, 1998.
32 Annex 25. Third Specialized Civil Chamber of the Superior Court of Lima. Case File No. 839-97. Decision of July 25, 1997.
Attachments to the petitioners’ communication of July 23, 1998.
33 Annex 26. Petition for the review of a denied appeal filed with the Third Specialized Civil Chamber of the Superior Court of
Lima. Case File No. 839-97. A.A. 2615-91. August 19, 1997. Attachments to the petitioners’ communication of July 23, 1998.
34 Annex 27. Petition filed with the Constitutional Court. Case File No. 839-97. A.A. 2615-91. August 19, 1997. Attachments to
the petitioners’ communication of July 23, 1998.
35 Annex 28. Constitutional and Social Chamber of the Supreme Court. Petition. 447-97. Judgment of November 27, 1997.
Attachments to the petitioners’ communication of July 23, 1998.
36 Annex 29. Petition for the review of a denied appeal filed with the Constitutional and Social Chamber of the Supreme Court.
Case File No. 839-97. A.A. 2615-91. February 25, 1998. Attachments to the petitioners’ communication of July 23, 1998.
37 Annex 30. National Registry of Identification and Vital Records. National ID Card of Alfredo Lagos del Campo. Attachment to
Alfredo Lagos del Campo’s communication of December 23, 2004.
13