4
I
INTRODUCTION OF THE CASE AND PURPOSE OF THE DISPUTE
1.
The case submitted to the Court. On November 28, 2015, the Inter-American Commission
on Human Rights (hereinafter “the Commission,” “the Inter-American Commission” or “the
IACHR”) submitted the case of Lagos del Campo versus the Republic of Peru (hereinafter “the
State” or “Peru”) to the jurisdiction of the Inter-American Court. According to the Commission,
the case relates to the dismissal of Alfredo Lagos del Campo (hereinafter “Mr. Lagos del Campo”)
on June 26, 1989, as a result of statements he made as president of the Electoral Committee of
the Industrial Community of the Ceper-Pirelli company. According to the Commission, the purpose
of the statements made by Mr. Lagos del Campo was to denounce and call attention to acts of
undue interference by the employers in the life of the organizations that represented the
company’s workers, and in the elections held within the Comunidad Industrial. The dismissal was
confirmed by Peru’s domestic courts. Also, “[t]he Commission determined that the dismissal of
Mr. Lagos del Campo constituted arbitrary interference in the exercise of the right to freedom of
expression […]. The Commission determined that the most severe punishment provided for by
law was applied with significant effects on the [presumed] victim’s freedom of expression as a
leader of workers and on the collective right of workers to receive information on matters that
concern them.” Lastly, in its Merits Report, the Commission indicated that, in this case, it was
necessary to determine whether the State had complied with its duty to guarantee the presumed
victim’s rights in the context of labor relations, bearing in mind the scope of the rights recognized
in the American Convention.
2.
Procedure before the Commission. The procedure before the Commission was as follows:
a) Petition. On August 5, 1998, the Commission received a petition lodged by the presumed victim,
Mr. Lagos del Campo, in which he indicated that Peru was internationally responsible for failing
to protect his right, as a labor leader, to express opinions in the context of an electoral labor
dispute. Subsequently, the Asociación Pro Derechos Humanos (APRODEH) (hereinafter, “the
petitioners”), became the representative of the presumed victim in the case.
b) Admissibility Report. On November 1, 2010, the Commission issued Admissibility Report No.
152/10 (hereinafter “the Admissibility Report”), in which it concluded that the petition was
admissible in relation to Articles 8 and 13 of the American Convention, in relation to Articles 1(1)
and 2 of this instrument, to the detriment of Mr. Lagos del Campo. The Commission also declared
that the petition was inadmissible with regard to the possible violation of Articles 24 and 25 of
the Convention.
c)
Merits Report. On July 21, 2015, the Commission adopted Merits Report No. 27/15, pursuant to
Article 50 of the American Convention (hereinafter “the Merits Report” or “Report 27/15”), in
which it reached the following conclusion and made several recommendations to the State, as
follows:
Conclusion:
i)
The State 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 relation to
Articles 1(1), 2 and 16(1) of this instrument, to the detriment of Mr. Lagos del Campo.
Recommendations:
i)
Provide comprehensive reparation to Mr. Lagos del Campo for the violations declared in
the report. This reparation should include both the pecuniary and the non-pecuniary
aspects;
ii) Adopt measures of non-repetition to guarantee that workers’ representatives and labor
union leaders can enjoy their right to freedom of expression in accordance with the
standards established in this report, and