17
48.
On April 26, 1989, Alfredo Lagos del Campo, in his capacity as president of the Electoral
Committee of the Industrial Community and delegate to the National Confederation of Industrial
Communities (hereinafter CONACI) denounced before the Participation Directorate of the Ministry
of Industry irregularities in the call for elections of the members of the Council of the Industrial
Community and the workers’ representatives on the company’s Board, to be held on April 28 that
year. It was alleged that these irregularities were due to the fact that presumably three
members53 of the Electoral Committee, who represented the employers’ interests, called for
elections without the participation of the workers’ representatives (Alfredo Lagos del Campo and
Aristedes Quispe Altamirano), in order to benefit the election of a list promoted by the
employers.54
49.
After the elections had been held, a group of workers filed a brief contesting these elections
before the Participation Directorate of the Ministry of Industry on April 28, 1989.55 In this regard,
on June 9, 1989, the Participation Directorate of the Ministry of Industry verified that the number
of votes was less than 75% of the members of the Industrial Community; it therefore declared
that the appeal was admissible and issued a call for a new electoral process. 56 On June 22, 1989,
the Electoral Committee, presided by Mr. Lagos del Campo, scheduled a meeting for June 27,
1989, to coordinate the new election, as ordered by the Participation Directorate of the Ministry
of Industry.57
C. The dismissal of Mr. Lagos del Campo and the applicable legal framework
50.
In this context, during his term as president of the Electoral Committee, Mr. Lagos del
Campo gave an interview to a journalist of “La Razón”58 in June 1989. The article published two
weeks later indicated that “the president of the Electoral Committee of the company’s Industrial
Community, Mr. Lagos del Campo, a delegate to the CONACI, denounced before public opinion
and the competent authorities the destructive maneuvers of the employer who, taking advantage
of the hesitation of some workers, organized fraudulent elections that were held without the
participation of the Electoral Committee and the majority participation of the members of the
Community.”59
51.
In particular, the interview indicated the following:60
“Mr. Lagos, did you agree with the call for elections?
I did not agree, because the company’s Board of Directors had used and continues to use
blackmail and coercion (sic) against the members of the Community, exerting pressure
Secretary: Yolanda Ismodes Ramíres (Employee), First Member: Mercedes Mera Jiménez (Employee), Second
Member: Teodomiro Vizcarra Salinas (Manual Worker), Third Member: Aristedes Quispe Altamirano (Manual Worker).
53
Letter of April 28,1989, addressed to the Participation Directorate of the Ministry of Industry, attaching the letter
presented to the company denouncing three members of this Committee for contravening the rules of procedures by
seeking to ignore the President of the Committee; for holding informal meetings, and for giving the impression that they
were acting under external constraints in order to impose an electoral process that would favor a specific list of candidates
promoted by the employer (evidence file of the Commission, annexes to the answering brief, f. 1450).
54
55
Signed by José Vargas Purizaga, Leonidas Valdivia Mendoza, Alberto Sánchez Maravi and other members of the
Ceper-Pirelli Industrial Community (evidence file, annex 3 to the State’s answering brief, f.1455).
Cf. Participation Directorate of the Ministry of Industry. Directorate Resolution No. 23-ICTI/OGP/89 of June 9,
1989 (evidence file Annex 3 to the State’s answering brief, f.1455). In the resolution, the Participation Directorate
determined that everything related to the electoral process held on April 28, 1989, had been done pursuant to the election
rules; however, it declared that the appeal was well-founded and ordered that a new electoral process be held.
56
Summons to a meeting of the Electoral Committee dated June 22, 1989, attached to an explanatory letter dated
June 28, 1989.
57
Cf. La Razón. June 1989. CEPER. Patronal y Amarillos pretenden liquidar CI. p. 10 (evidence file, annex 5 to the
Merits Report, f. 13).
58
59
Cf. Ibid.
60
Cf. Ibid.