The Inter-American Court of Human Rights declares Peru responsible for torture and rape of an LGBT person

The Inter-American Court of Human Rights established the responsibility of the Peruvian State for the torture and sexual assault suffered by Azul Rojas Marín at the hands of police officers.

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By Vero Ferrari

In a landmark ruling, the Inter-American Court of Human Rights held the Peruvian state responsible for the torture and sexual assault of Azul Rojas Marín at the hands of police officers at the Casa Grande Police Station (Trujillo) on February 25, 2008. She was stopped, according to the police, "for identification." There, she was detained for four hours at the station, where she was tortured and sexually assaulted by four officers. When Azul tried to file a complaint at the station that same day, they refused to accept it, so she went to the media. Two days later, she returned to the station to file another complaint. Two days after that, she underwent a forensic medical examination and a psychological evaluation, which revealed injuries and psychological trauma resulting from her ordeal.

A LEGAL PROCESS THAT LASTED A DECADE

On March 24, 2008, the Peruvian Public Prosecutor's Office ordered a preliminary investigation against the police officers of the Casa Grande Police Station for the crime of "sexual assault" against Azul. This marked the beginning of the entire campaign to ensure impunity for Azul. The police, the Public Prosecutor's Office, and the Judiciary rejected, denied, questioned, and failed to recognize the violence Azul experienced as actual harm to her physical and psychological well-being.

On October 21, 2008, the Second Office of the Provincial Corporate Criminal Prosecutor's Office requested the dismissal of the proceedings against three police officers for the crimes of aggravated sexual assault and abuse of authority against Azul.

On January 9, 2009, the Criminal Court of Preparatory Investigation of Ascope "declared the request of the Public Ministry founded" and "dismissed the process for both crimes and against the three defendants", ordering the file to be archived, indicating that there was no credibility in the version of the alleged victim, that she had not been uniform in her statement about the events, and furthermore, she had continued with her usual work on February 25, and that the medical examination was carried out four days after the events so the expert opinions generated a reasonable doubt against her.

On January 22, 2009 , Azul filed an appeal against the previous ruling. On January 23, 2009, the Ascope Criminal Court of Preliminary Investigation declared it inadmissible outright because it was filed after the deadline. It was at this point that Azul appealed to international bodies.

[READ ALSO: For the first time, violence against LGBT people reaches the Inter-American Court of Human Rights ]

On November 20, 2018, the Second Supraprovincial Prosecutor's Office, in compliance with the recommendations of the Inter-American Commission on Human Rights, ordered the opening of an investigation against those allegedly responsible for the crime of torture. However, on December 4, 2018 , the Fifth Superior Prosecutor's Office of La Libertad declared the request null and void. On January 16, 2019, the Provincial Prosecutor of the Ascope Corporate Criminal Provincial Prosecutor's Office requested the Ascope Criminal Judge of Preparatory Investigation to annul the proceedings in the case against the three police officers. On August 14 , 2019 , the Ascope Preparatory Investigation Court ruled the request for annulment inadmissible, arguing that the case file had the force of res judicata and that the Commission's recommendations did not have the same binding force as the Court's decisions. The Ascope Provincial Corporate Criminal Prosecutor's Office filed an appeal, stating that the State should make its best efforts to comply with the Commission's recommendations. On September 3, 2019 , the Ascope Preparatory Investigation Court ruled the appeal inadmissible, considering that it did not meet the admissibility requirements established by Peruvian criminal procedure law.

WHAT THE COURT ORDERED

Thanks to this ruling, the Peruvian State must continue the necessary investigations to determine, prosecute and, if applicable, punish those responsible for the sexual violence and torture suffered by Azul , avoiding the application of discriminatory stereotypes and the performance of any act that may be revictimizing.

As measures of redress, the sentence must be published on the website of the Ministry of Justice and Human Rights, and a public act of acknowledgment of international responsibility must be held. Furthermore, Azul must be provided with free and immediate medical and psychological assistance. As guarantees of non-repetition, a protocol on the investigation and administration of justice in cases of violence against LGBTI people must be adopted, state agents must be trained and made aware of violence against LGBTI people, a system for collecting and producing statistics on violence against LGBTI people must be designed and implemented, and the indicator of “eradication of homosexuals and transvestites” must be eliminated from the Citizen Security Plans of the Regions and Districts of Peru.

Compensation for material and non-material damages has also been awarded to Azul and her mother, to be paid by the State. $70,000 for Azul and $20,000 for her mother.