PARTIALLY DISSENTING OPINION OF JUDGE HUMBERTO ANTONIO SIERRA PORTO CASE OF BENITES CABRERA ET AL. V. PERU JUDGMENT OF OCTOBER 4, 2022 (Preliminary Objections, Merits, Reparations and Costs) 1. With the customary respect for the majority decisions of the Inter-American Court of Human Rights (hereinafter “the Court”), this opinion has the purpose of explaining my disagreement with Operating Paragraph 7, which declares the international responsibility of the State of Peru (hereinafter “the State” or “Peru”) for violating the right to work to the detriment of 184 employees who were dismissed from their jobs during the government of Alberto Fujimori. 2. This opinion complements the position expressed in my partially dissenting opinions in Lagos del Campo v. Peru, 1 Dismissed Employees of Petroperú et al. v. Peru, 2 San Miguel Sosa et al. v. Venezuela, 3 Muelle Flores v. Peru, 4 Hernández v. Argentina, 5 ANCEJUB-SUNAT V. Peru, 6 Indigenous Communities of the Lhaka Honhat (Our Land) Association v. Argentina, 7 Employees of the Fireworks Factory of Santo Antônio de Jesus v. Brazil, 8 Casa Nina v. Peru, 9 Guachalá Chimbo v. Ecuador, 10 FEMAPOR v. Peru, 11 and Guevara Díaz v. Costa Rica; 12 as well as my concurring opinions in Gonzales Lluy et al. Cf. Case of Lagos del Campo v. Peru. Preliminary Objections, Merits, Reparations and Costs. Judgment of August 31, 2017. Series C No. 340. Partially dissenting opinion of Judge Humberto Antonio Sierra Porto. 2 Cf. Case of the Dismissed Employees of Petroperú et al. v. Peru. Preliminary Objections, Merits, Reparations and Costs. Judgment of November 23, 2017. Series C No. 344. Partially dissenting opinion of Judge Humberto Antonio Sierra Porto. 3 Cf. Case of San Miguel Sosa et al. v. Venezuela. Merits, Reparations and Costs. Judgment of Fevruary 8, 2018. Series C No. 348. Partially dissenting opinion of Judge Humberto Antonio Sierra Porto. 4 Cf. Case of Muelle Flores v. Peru. Preliminary Objections, Merits, Reparations and Costs. Judgment of March 6, 2019. Series C No. 375. Partially dissenting opinion of Judge Humberto Antonio Sierra Porto. 5 Cf. Caso Hernández v. Argentina. Preliminary Objection, Merits, Reparations and Costs. Judgment of November 22, 2019. Series C No. 395. Partially dissenting opinion of Judge Humberto Antonio Sierra Porto. 6 Cf. Case of the National Association of Discharged and Retired Employees of the National Tax Admiinistration Superintendence (ANCEJUB-SUNAT) v. Peru. Preliminary Objections, Merits, Reparations and Costs. Judgment of November 21, 2019. Series C No. 39. Partially dissenting opinion of Judge Humberto Antonio Sierra Porto. 7 Cf. Case of the Indigenous Communities of the Lhaka Honhat (Our land) Association v. Argentina. Merits, Reparations and Costs. Judgment of February 6, 2020. Series C No. 400. Partially dissenting opinion of Judge Humberto Antonio Sierra Porto. 8 Cf. Case of the Employees of the Fireworks Factory of Santo Antônio de Jesus v. Brazil. Preliminary Objections, Merits, Reparations and Costs. Judgment of July 15, 2020. Series C No. 407. Partially dissenting opinion of Judge Humberto Antonio Sierra Porto. 9 Cf. Case of Casa Nina v. Peru. Preliminary Objections, Merits, Reparations and Costs.. Judgment of November 24, 2020. Series C No. 419. Concurring and partially dissenting opinion of Judge Humberto Antonio Sierra Porto. 10 Cf. Case of Guachalá Chimbo et al. v. Ecuador. Merits, Reparations and Costs. Judgment of March 26, 2021. Series C No. 423. Concurring and partially dissenting opinion of Judge Humberto Antonio Sierra Porto. 11 Cf. Case of the National Federation of Maritime and Port Workers (FEMAPOR) v. Peru. Preliminary Objections, Merits and Reparations. Judgment of February 1, 2022. Series C No. 448. Partially dissenting opinion of Judge Humberto Antonio Sierra Porto. 12 Cf. Case of Guevara Díaz v. Costa Rica. Merits, Reparations and Costs. Judgment of June 22, 2022. Series C No. 453. Conccurring and partially dissenting opinion of Judge Humberto Antonio Sierra Porto. 1 1

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