5
iii) Adopt measures to ensure that the application and interpretation of laws by the domestic
courts are consistent with the principles established by international human rights law
with respect to freedom of expression in labor-related contexts, reiterated in this case
d) Notification of the State. On August 28, 2015, the Commission notified the Merits Report to the
State granting it two months to provide information on compliance with the recommendations.
e) Report on compliance. On October 29, 2015, the State presented a report in which it indicated
that it had not violated the rights established in Articles 8(1) and 13 of the Convention, in relation
to Articles 1(1), 2 and 16(1) of this instrument, to the detriment of Mr. Lagos del Campo.
3.
Submission to the Court. On November 28, 2015, the Commission decided to submit the
case to the Inter-American Court in light of the need to obtain justice. It submitted to the Court’s
jurisdiction all the facts and human rights violations described in the Merits Report.1
4.
Requests by the Inter-American Commission. Based on the above, the Commission asked
the Court to conclude and declare the international responsibility of the State for the violation of
the rights indicated in its Merits Report to the detriment of Mr. Lagos del Campo. It also asked
the Court to order the State, as measures of reparation, to comply with the recommendations
contained in the said report.
II
PROCEEDINGS BEFORE THE COURT
5.
Notification of the State2 and the representatives. The Commission’s submission of the
case was notified to the State and to the representatives on February 15, 2016.
6.
Brief with motions, pleadings and evidence. On April 15, 2016, the representatives
presented their brief with motions, pleadings and evidence (hereinafter “motions and pleadings
brief”), in which they requested access to the Victims’ Legal Assistance Fund of the Inter-American
Court (hereinafter “the Court’s Assistance Fund” or “the Fund”).
7.
Answering brief. On June 27, 2016, the State presented to the Court its answer to the
brief submitting the case, and with observations on the brief with motions, pleadings and evidence
(hereinafter “answering brief”). In this brief, the State filed a series of “observations on the
Admissibility Report and raised procedural questions concerning the arguments filed by the
Commission and the representatives.”
8.
Observations on the preliminary objections. On August 14 and 16, 2016, respectively, the
representatives and the Commission forwarded their observations on the “observations on the
Admissibility Report and procedural questions” filed by the State.
9.
Victims’ Legal Assistance Fund. In an order of the President of the Court of July 14, 2016
the request for access to the Court’s Assistance Fund filed by the presumed victim, through his
representatives, was declared admissible.3
The Commission appointed Commissioner James Cavallaro, the Special Rapporteur for Freedom of Expression,
Edison Lanza, and the Executive Secretary, Emilio Álvarez Icaza L. as its delegates, and Elizabeth Abi-Mershed, Deputy
Executive Secretary, and Ona Flores and Silvia Serrano Guzmán, lawyers of the Commission’s Executive Secretariat, as
legal advisers.
1
In a communication of March 11, 2016, the State advised that it had appointed Luis Alberto Huerta Guerrero as
its Agent before the Court and the Supranational Deputy Attorney General, Iván Arturo Bazán Chacón, Sofía Janett
Donaires Vega and Silvana Lucia Gómez Salazar, as deputy agents (merits file, f. 97).
2
3
Caso Lagos del Campo v. Peru. Order of the President of the Court of July 14, 2016. Available at: