PARTIALLY DISSENTING OPINION OF JUDGE HUMBERTO ANTONIO SIERRA PORTO INTER-AMERICAN COURT OF HUMAN RIGHTS CASE OF THE NATIONAL FEDERATION OF MARITIME AND PORT WORKERS (FEMAPOR) V. PERU JUDGMENT OF FEBRUARY 1, 2022 (Preliminary Objections, Merits and Reparations) 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 5, which declares the international responsibility of the State of Peru (hereinafter “the State” or “Peru”) for violating the rights to work and to property to the detriment of the victims listed in Annex II of the judgment. This opinion is based on the position already 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 Cuscul Pivaral et al. v. Guatemala, 4 Muelle Flores v. Peru, 5 Discharged and Retired Employees of the National Association of the National Tax Administration Superintendence (ANCEJUB-SUNAT) v. Peru, 6 Hernández v. Argentina, 7 Indigenous Communities of the Association of Lhaka Honhat (Our Land) v. Argentina, 8 Guachalá Chimbo 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. 1 Cf. Case of the Dismissed Workers 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. 2 Cf. Case of San Miguel Sosa et al. v. Venezuela. Merits, Reparations and Costs. Judgment of February 8, 2018. Series C No. 348. Partially dissenting opinion of Judge Humberto Antonio Sierra Porto. 3 Cf. Case of Cuscul Pivaral et al. v. Guatemala. Preliminary Objection, Merits, Reparations and Costs. Judgment of August 23, 2018. Series C No. 359. 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 6 Cf. Case of the Discharged and Retired Employees of the National Association of the National Tax Administration Superintendence (ANCEJUB-SUNAT) v. Peru. Preliminary Objections, Merits, Reparations and Costs. Judgment of November 21, 2019. Series C No. 394. Partially dissenting opinion of Judge Humberto Antonio Sierra Porto. Cf. Case of 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. 7 Cf. Case of the Indigenous Communities of the Association of Lhaka Honhat (Our Land) 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 1