REPORT No. 99/14
PETITION 446-09
ADMISSIBILITY
LUIS ALBERTO ROJAS MARÍN
PERU
NOVEMBER 6, 2014
I.
SUMMARY
1.
On April 14, 2009, the Inter-American Commission on Human Rights (hereinafter also “the
Inter-American Commission,” “the Commission,” or “the IACHR”) received a petition submitted by the
Coordinadora Nacional de Derechos Humanos, the Centro de Promoción y Defensa de los Derechos Sexuales y
Reproductivos (PROMSEX), and Redress Trust: Seeking Reparations for Torture Survivors (hereinafter “the
petitioners”) in representation of Luis Alberto Rojas Marín (hereinafter also “Mr. Rojas Marín” or “the alleged
victim”), that alleges the responsibility of the Republic of Peru (hereinafter “Peru,” “the State,” or “the Peruvian
State”), for his illegal and arbitrary detention, for being a victim of acts of sexual violence while under police
custody, as well as acts of torture, all motivated by his sexual orientation, and that the State breached the duty
to investigate and judicially clarify these facts, in keeping with the norms of due process and the principle of
non-discrimination.
2.
In their initial petition and additional observations, the petitioners alleged that the facts that
are the subject matter of the claim constitute violations of the rights enshrined in Articles 5, 7(2), 7(3), 7(4),
7(5), 8, 11(1), and 25 of the American Convention on Human Rights (hereinafter also “the American
Convention” or “the Convention”) in conjunction with the obligations contained in Articles 1(1) and 2 of that
instrument, and Articles 1, 6, and 8 of the Inter-American Convention to Prevent and Punish Torture, to the
detriment of Luis Alberto Rojas Marín. In addition, they allege the violation of the right to humane treatment
to the detriment of his mother, Juana Rosa Tanta Marín, whose health was negatively affected due to the
anguish and fear of reprisals resulting from the facts that are the subject matter of the claim. For its part, the
State alleges that the petitioners did not exhaust domestic judicial remedies and that they have not complied
with the requirement to state facts that tend to establish a possible violation of the rights alleged to have been
violated, and that therefore the petitioners seek to have the IACHR acts as a superior court (a court “of fourth
instance.”) Accordingly, the Peruvian State argues that it did not violate the rights of the alleged victim, and
asks that the IACHR order the petition archived.
3.
After examining the claim in light of the admissibility requirements provided for in Articles 46
and 47 of the Convention, the Commission concluded that it is competent to take cognizance of the claims
presented alleging violation of the rights enshrined in Articles 5 (right to humane treatment), 7 (right to
personal liberty), 8 (right to a fair trial), 11 (right to respect of honor and dignity), 24 (right to equal protection),
and 25 (judicial protection) of the American Convention, in relation to Articles 1(1) (obligation to respect and
ensure) and 2 (obligation to adopt provisions of domestic law) of the same instrument, and the obligations to
prevent and punish torture established in Articles 1, 6, and 8 of the Inter-American Convention to Prevent and
Punish Torture. In addition, the Commission decided to give notice of this admissibility report to the parties,
make it public, and include it in its Annual Report to the General Assembly of the Organization of American
States.
II.
PROCESSING BEFORE THE COMMISSION
4.
On April 14, 2009, the Commission received the initial petition by electronic mail; it was
recorded as petition number P-446-09. On April 22, 2009, the Commission received the original of the petition
with its annexes. On June 4, 2010, October 25, 2011, January 30, 2012, February 7, 2013, and March 1, 2013,
the petitioners filed additional information, which was duly incorporated into the record.
5.
On June 5, 2013, after completing the preliminary study of the petition, the Commission
proceeded to transmit the pertinent parts of the petition to the Peruvian State, giving it two months to submit
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