13
corresponding legal framework, taking into account the body of evidence and the arguments
submitted during the proceedings.25
35.
Lastly, pursuant to the Court’s case law, the statement made by presumed victim cannot
be assessed in isolation, but only within the whole body of evidence, insofar as it may provide
further information on the presumed violations and their consequences.26
VI
FACTS
36.
In this chapter, the Court will establish the facts of this case based on the factual framework
submitted to its consideration by the Commission, taking into account the body of evidence in the
case, and the arguments of the representatives and the State. To this end, the facts will be
examined under the following headings: (a) the Industrial Communities in Peru; (b) background
information, functions and responsibilities of Mr. Lagos del Campo as a labor leader; (c) the
dismissal of Mr. Lagos del Campo and the applicable legal framework; (d) the judicial actions filed
by Mr. Lagos del Campo, and (e) his situation following his dismissal.
A. The Industrial Communities in Peru
37.
The concept of the Industrial Community was incorporated into the laws of Peru on July
27, 1970, the date on which the General Industries Act was promulgated (Decree-Law 18350).27
Article 23 of this law establishes that the Industrial Community was a legal entity created within
an industrial company as the representative of all its permanent workers, and its purposes were
established in Decree-Law 18384.28
38.
In February 1977, the Industrial Community Act was promulgated (“Decree-Law 21789”)
amending the previous law.29 According to the act, “[t]he Industrial Community of an industrial
company in the reformed private sector is composed of all its permanent workers, who participate
in its ownership, management and profits.”30 It was constituted as a private legal entity, and its
purposes were: (a) to contribute to the establishment of constructive forms of interrelationship
in the industrial company; (b) to strengthen the company by the united action of its members in
the management and productive process, and their participation in the ownership of the
Cf. Case of the “White Van” (Paniagua Morales et al.) v. Guatemala. Merits. Judgment of March 8, 1998. Series
C No. 37, para. 76, and Case of Tenorio Roca et al. v. Peru, supra para. 45.
25
Cf. Case of Loayza Tamayo v. Peru. Merits. Judgment of September 17, 1997. Series C No. 33, para. 43, and
Case of Favela Nova Brasilia v. Brazil. Preliminary objections, merits, reparations and costs. Judgment of February 16,
2017. Series C No. 333, para. 98.
26
President of the Republic of Peru. Decree-Law 18350 General Industries Act. July 7, 1970. May be consulted at:
http://peru.justia.com/federales/decretos-leyes/18350-jul-27-1970/gdoc/
27
Purposes: (a) strengthening the industrial company by worker participation in management, productive process,
ownership and reinvestment; (b) incorporation of the workers into the management of the industrial company to protect
their rights and interests; (c) administration of acquired rights to the benefit of the workers, and (d) promotion of the
social, cultural, professional and technical development of the workers. President of the Republic of Peru. Decree-Law
18384
General
Industries
Act.
September
1,
1970.
Art.
3.
May
be
consulted
at:
http://docs.peru.justia.com/federales/decretos-leyes/18384-sep-1-1970.pdf
28
Cf. President of the Republic of Peru. Decree-Law 21789. Industrial Community Act. February 1, 1977. May be
consulted at: http: //www4.Congress.gob.pe/ntley/imagenes/Lawes/21789.pdf (evidence file, annex 1 to the Merits
Report, ff. 5 bis to 14 bis).
29
Article 1 of the Decree-Law in force at the time of the facts establishes: “Article 1. The Industrial Community of
an industrial company of the reformed private sector is composed of all its permanent workers, who participate in its
ownership, management and profits. The Industrial Community is a private legal entity and is governed by the provisions
of this Act and any others that may be applicable.”
30