34
106. First, regarding the representation exercised by Mr. Lagos del Campo, the Court observes
– based on the principle of immediacy – in the very first exculpatory letter that Mr. Lagos del
Campo submitted to the company, he specified that the statements:
“were given in [his] capacity as president of the Electoral Committee of the CEPER Industrial
Community, as they were directly and exclusively related to internal matters of an interest to the
Community, such as the irregularities in the electoral process […] that, in any case, had been
denounced by the members of the Community themselves, and that had been verified by the
Participation Directorate of the Ministry of Industry.”136
107. Also, from the body of evidence, the Court finds that: (i) since Mr. Lagos del Campo was
president of the Electoral Committee of the company’s Industrial Community, a post to which he
had been elected by the General Assembly composed of all the members of the Industrial
Community – that is, by all the company’s permanent workers137 - and that his functions included
holding elections for the members of the Community Council and for its representatives on the
company’s Board, he undoubtedly held a position that represented the interests of the company’s
workers;138 (ii) Mr. Lagos del Campo also represented the workers before the CONACI (supra
para. 50),139 and (iii) the statements he made to “La Razón” reveal that he denounced supposed
irregularities in the internal electoral process, and he made these statements as President of the
Committee responsible for regulating that process.140
108. Consequently, the Court confirms that Mr. Lagos del Campo made the said statements in
his capacity as a workers’ representative141 and within the framework of the exercise of his
responsibilities as president of the Electoral Committee.
109. Second, regarding the general interest of the statements, the Court has indicated that
Article 13 of the Convention protects statements, ideas or information “of any kind, whether or not
it is of public interest. However, when such statements relate to issues of public interest, the judge
must evaluate the need to limit freedom of expression with special care.142
110. Thus, the Court has considered of public interest information or opinions regarding matters
on which society has a legitimate interest to know and to be informed about concerning issues
Letter of Mr. Lagos del Campo of June 28, 1989, addressed to Miguel Balbi, Industrial Relations Manager,
Conductores Eléctricos Peruanos S.A. CEPER–PIRELLI, with the company received stamp dated June 30, 1989. (evidence
file annex 5 to the State’s answering brief, ff. 1460 to 1463).
136
Cf. President of the Republic of Peru. Decree Law 21789. Law of the Industrial Community of February 1, 1977,
Arts. 14, 20 and 26 (evidence file, annex 1 of the motions and pleadings brief, ff. 1390 to 1399).
137
Cf. Expert opinion of César José González Hunt (evidence file, annex 1 final written arguments, f. 1486) and
Opinion of Omar Sar Suárez (merits file f. 519).
138
Written opinion of expert witness Cesar Gonzáles Hunt before the Inter-American Court. In it, he referred to the
fact that “according to the jurisdictional organs,” “[t]he industrial community and the labor union are institutions designed
to protect the actions of workers to achieve social and economic benefits and they each have their own characteristics
that constitute their independence. The purposes of the industrial community and the labor union are different, which
does not mean that they are antagonistic; they must act in a coordinated manner in their respective area of action to the
benefit of the workers (File No. 56-56 – Iquitos Court).” Similarly, he noted that “[t]he industrial community and the labor
union are institutions designed to protect the actions of workers to achieve social and economic benefits and they each
have their own characteristics that constitute their independence. The purposes of the industrial community and the labor
union are different, which does not mean that these are antagonistic, and they must act in a coordinated manner in their
respective area of action to the benefit of the workers (Actualidad Laboral, August T1976)” (evidence file, annexes to the
final arguments, f. 1416).
139
The question asked by La Razón was “In light of these abuses by the employers’ association, what measures
have you taken as president of the Electoral Committee?
140
Cf. ILO, Recommendation on Workers’ Representatives, 1971 (No. 143), Recommendation on protection and
facilities that should be afforded to workers’ representatives. Fifty-sixth Session of the ILO General Conference; date
adopted, June 23, 1971.
141
142
Cf. Case of Memolí v. Argentina, supra, para. 145.