42
to indicate the facts and the articles of the Convention that he considered had been violated, and
the final judgment of the domestic jurisdiction.174
f.
In an “updated and regularized” petition dated July 22, 1998, addressed to the President of
the Inter-American Commission (which does not indicate the date on which it was received), Mr.
Lagos del Campo stated “[t]hat, pursuant to the provisions of the American Convention on Human
Rights, which [his] country had ratified, [he was] lodging a complaint of violation of human rights
against the Peruvian Government because it had violated the right to equal protection of the law
(Art. 22) and also the right to judicial protection against violations of fundamental rights (Art. 23)
[…].” In the same document, the petitioner asked for the petition also to be admitted and processed
“to re-establish [his] rights to equal protection of the law, due process and the right to work,
which [had been] violated by the Second Labor Court and CC.LL., by the decision resulting from
an irregular process […].”175
g.
In the petition addressed to the Executive Secretary of the Commission on January 21, 2002,
receive by the Commission on the same date, the petitioner stated that “the competent authorities
and public opinion in general [were] fully aware of the violation of [his] constitutional and human
rights: the right to a fair trial and the right to work.”176
h.
In a communication of February 20, 2003, addressed to the President of the Commission,
and received on February 26, 2003, Mr. Lagos del Campo stated that, “as the updated and
regularized petition of July 23, 1998, [had] opportunely substantiated before the international
jurisdiction that you preside, in Peru there had been a flagrant violation of [his] human rights ; to
wit: the right to be heard by a competent court, the right of equal protection of the law, the right
to protection of the family, the right to judicial protection against the violation of fundamental
rights and the right to work, rights protected by the American Convention on Human Rights, the
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social
and Cultural Rights, ‘Protocol of San Salvador,’ and other international human rights
instruments.”177
i.
Reports Nos. 21-2003-JUS/CNDH-SE and 57-2007-JUS/CNDH/SE/CESAPI of the Executive
Secretariat of the National Human Rights Council of Peru (the State) dated March 7, 2003, and
May 15, 2007, indicated in the section on “Grounds for the petition or rights presumably violated”
that, in the petition lodged before the IACHR, Mr. Lagos del Campo had requested “immediate
reinstatement in his job at CEPER-PIRELLI, with the corresponding salary and benefits.”178
j.
A communication of the Commission of November 12, 2010, addressed to Mr. Lagos del
Campo, indicated “that the Commission […had] examined petition No. 459-97 and [had] adopted
Admissibility Report No. 152/10 on November 1, 2010. […] Pursuant to article 37(1) of its Rules of
Procedure, the IACHR establishe[d] a time frame of three months from the date of transmission of
th[e] communication for presentation of any additional observations on the merits of the
matter.”179
k.
In Admissibility Report No. 152/10, petition 459-97, adopted on November 1, 2010, the
IACHR decided “[t]o declare this case admissible with regard to the alleged violations of the rights
recognized in Articles 8 and 13 in conjunction with Article 1(1) of the American Convention.”
However, the Commission decided “[t]o declare inadmissible the arguments regarding the alleged
174
IACHR brief of September 2, 1997 (evidence file, procedure before the IACHR, f. 182).
Petition updated and formalized addressed to the Inter-American Commission on July 22, 1998 (evidence file,
procedure before the IACHR, ff. 186, 192, 426, 432, 451 and 457).
175
176
Brief submitted to the IACHR of January 21, 2002 (evidence file, procedure before the IACHR, f. 380).
177
Brief submitted to the IACHR of February 20, 2003 (evidence file, procedure before the IACHR, ff. 272 and 296).
Report No. 21-2003-JUS/CNDH-SE of the Executive Secretariat of the National Human Rights Council of Peru of
March 7, 2003 (evidence file, procedure before the IACHR, f. 224) and Report No. 57-2007-JUS/CNDH/SE/CESAPI of the
Special Committee for Monitoring International Proceedings of May 15, 2007 (evidence file, procedure before the IACHR,
f. 947).
178
179
Communication of the IACHR of November 12, 2010 (evidence file, procedure before the IACHR, f. 773).