66
3.
To reject the objections filed by the State concerning the temporal delimitation of the
analysis of judicial actions and the factual framework, and the inclusion of violations that were not
included in the Merits Report, pursuant to paragraphs 24 and 25 of this judgment.
DECLARES:
Unanimously, that:
4.
The State is responsible for the violation of the rights to freedom of thought and expression
and to judicial guarantees recognized in Articles 13(2) and 8(2) of the American Convention, in
relation to Article 1(1) of this instrument, to the detriment of Mr. Lagos del Campo, pursuant to
paragraphs 88 to 132 of this judgment.
By five votes to two, that:
5.
The State is responsible for the violation of the right to job security, recognized in Article
26 of the American Convention, in relation to Articles 1(1), 13, 8 and 16 of this instrument, to the
detriment of Mr. Lagos del Campo, pursuant to paragraphs 133 to 154 and 166 of this judgment.”
6.
The State is responsible for the violation of the right to freedom of association, recognized
in Articles 16 and 26 of the American Convention, in relation to Articles 1(1), 13 and 8 of this
instrument, to the detriment of Mr. Lagos del Campo, pursuant to paragraphs 155 to 163 of this
judgment.
Dissenting Judges Eduardo Vio Grossi and Humberto Antonio Sierra Porto.
Unanimously, that:
7.
The State is responsible for the violation of the rights to judicial protection and to a fair
trial, in accordance with Articles 8 and 25 of the American Convention, in relation to Article 1(1)
of this instrument, to the detriment of Mr. Lagos del Campo, pursuant to paragraphs 170 to 191
of this judgment.
8.
The State is not responsible for the violation of Article 2 of the Convention, in relation to
paragraph (h) of article 5 of Law 24514 and article 25 of Legislative Decree No. 728, pursuant to
paragraphs 164 and 165 of this judgment.
AND ESTABLISHES:
Unanimously, that:
9.
This judgment constitutes, per se, a form of reparation.
10.
The State shall make the publications indicated in paragraph 200 and advise this Court
immediately, as indicated in paragraph 201 of this judgment.
11.
The State shall pay the amounts established in paragraphs 215, 216, 222 and 227 of this
judgment, as compensation for pecuniary damage and non-pecuniary damage and to reimburse
costs and expenses, in the terms of those paragraphs and also of paragraphs 230 to 235 of this
judgment.
12.
The State shall reimburse the Victims’ Legal Assistance Fund of the Inter-American Court
of Human Rights the amount disbursed during the processing of this case, pursuant to paragraph
229 of this judgment.