16 the industrial company;46 while, the purpose of the labor union was to defend the rights and socio-economic and professional interests of the workers. 47 Nevertheless, according to the expert opinions provided in this case, under both regimes, the workers’ representatives stood for the sectoral interests of this group vis-à-vis the employer.48 B. Background, functions and responsibilities of Mr. Lagos del Campo as president of the Electoral Committee of the Industrial Community 46. Mr. Lagos del Campo was born on February 21, 1939. He and his wife, Teresa Gonzáles Cornejo, have 14 children.49 On July 12, 1976, Mr. Lagos del Campo began to work as an electrician, a manual worker, in the maintenance department of the company, Conductores Eléctricos Peruanos Ceper-Pirelli S.A.50 47. Mr. Lagos del Campo served as labor union leader and labor leader in the company CeperPirelli S.A. He held a number of management positions within the Ceper-Pirelli Labor Union; he served two terms as Secretary for the defense of workers’ rights (1982-1983 and 1985-1986), and one as Secretary General (1983-1984).51 As a permanent worker of the company, and pursuant to Decree-Law 21789, Mr. Lagos del Campo also formed part of the company’s Industrial Community, within which the General Assembly elected him as a member of the Electoral Committee. He served as President of the Industrial Community’s Electoral Committee for the period 1988-1989,52 the entity responsible for holding the elections for members of the Community Council and representatives on the company’s Board (supra para. 43). Article 3 of Decree-Law 21789 in force at the time of the facts establishes: “The purposes of the Industrial Community are: (a) To contribute to the establishment of constructive forms of interrelationship in the industrial company; (b) to strengthen the company by the united action of its members in the management and productive process, and their participation in the ownership of the company’s patrimony; (c) to establish an appropriate and rational distribution of the benefits among the investors and permanent workers of an industrial company, and (d) to promote permanent training and stimulate the creativity of the company’s workers.” 46 Article 8 of Law 25593 on Collective Labor Relations establishes that: “The purposes and functions of labor unions are: (a) To represent the entire workforce that falls within their ambit in conflicts, disputes, or claims of a collective nature; (b) To negotiate collective working agreements, require compliance with them, and implement the rights and actions that arise from such agreements; (c) To represent or defend their members in individual disputes or claims, unless the worker files a direct action, voluntarily or as the law requires, in which case the labor union may act in an advisory capacity; (d) To promote the creation and encourage the development of cooperatives, credit unions, and funds and, in general, entities for the social promotion and assistance of their members; (e) To promote the cultural, educational, technical and union-related development of their members, and (f) In general, any others that are not contrary to their essential purposes or the law.” 47 Expert opinion of Omar Sar Suárez. “In this section, it has been established that there are differences between labor unions and industrial communities, but it should be noted that, in both cases, the workers’ representatives stand for the sectoral interests of the group vis-à-vis the employer.” “[…] regarding the right to freedom of expression, these differences, inherent to the nature of the said entities, do not affect their content prima facie because, in both cases, their function is to represent the workers” (merits file, ff. 524 to 525). Meanwhile, in the opinion he gave before the Court during the public hearing on February 7, 2017, expert witness César González Hunt explained that, even though there are various differences between the entities, both industrial communities and labor unions “are entities that represent the workers before the employer” (transcript of the hearing on February 7, 2017, p. 73). 48 National Identification and Civil Registry. DNI of Alfredo Lagos del Campo. (evidence file, annex 30 to the Merits Report, f. 102). 49 Cf. CEPER-PIRELLI. Pay slip of Alfredo Lagos del Campo. Week of June 26 to July 2, 1989 (evidence file, annex 2 to the Merits Report, f. 5), and Judgment 225-91 handed down on March 5, 1991 (evidence file, annex 8 to the Merits Report, f. 29). 50 Cf. Note entitled “List of leaders with their respective positions. Period 1982–1983,” undated; “CEPER” Labor union. Note addressed to the Head of the Labor Union Registration Division, June 1983; “CEPER’ Labor union. Note addressed to the Head of the Labor Union Registration Division, June 1985. Annexes to the communication of the petitioners of March 16, 2011 (evidence file, annex 3 to the Merits Report, ff. 7 to 9). 51 Cf. Ministry of Industry. Participation Directorate. Communication No. 1526 ICTI/OGP-38. Registration of the Electoral Committee. August 9, 1988 (evidence file, annex 4 to the Merits Report, f. 11). 52