REPORT No. 304/20 CASE 13.505 REPORT ON MERITS CRISSTHIAN MANUEL OLIVERA FUENTES PERU October 29, 2020 I. INTRODUCTION 1. On November 29, 2011 the Inter American Commission on Human Rights (hereinafter “the Inter American Commission”, “the Commission” or “the IACHR”) received a petition from the Study for the Defense of Women’s Rights Organization (DEMUS)1(hereinafter “the petitioner”) which claims international responsibility of the Republic of Peru (hereinafter “the Peruvian State”, “the State” or “Peru”) for the violation of several rights enshrined in the American Convention on Human Rights (hereinafter “the Convention” o “the American Convention”) as a consequence of alleged acts of discrimination for the expression of sexual orientation to which the alleged victim, Crissthian Manuel Olivera Fuentes was subject. 2. The Commission approved admissibility report No. 172/17 on December 28, 20172. On July 19, 2010 the Commission notified such report to the parties and became available to them as to reach a friendly settlement, without conditions being given for such procedure. The parties had their due time to submit their additional observations on the merits. All information received was duly exchanged between the parties. II. POSITIONS OF THE PARTIES A. The Petitioner 3. The petitioner refers that on August 11, 2004 Crissthian Manuel Olivera Fuentes, who identifies himself as a gay man, and another man with whom at the time was involved in a sentimental relationship were in a coffee shop located inside a Santa Isabel Supermarket, property of Supermercados Peruanos S.A., in the city of Lima, reading poems in a romantic attitude, without having physical contact. He points out that the supermarket security staff requested them to cease their affective expressions, since a customer who was accompanied by his underage daughter had complained of their love scenes. He states that, afterward, the store supervisor approached them with four security agents, to insist they should modify their behavior, since their expressions of affection may affect the nearby children who were playing. He claims that the supervisor pointed out that they should leave if they were not to consume any product, but that if they purchased something in the coffee shop, they had to refrain from their affectionate behavior, in order not to disturb other customers, or else they should leave the establishment. 4. The petitioner adds that on August 17, 2004 the alleged victim attended, as part of a television report to the Santa Isabel Supermarket, another supermarket of the same company, along with a journalist and his girlfriend, and they deliberately performed affectionate conducts in order to prove the differentiated treatment given to persons with diverse sexual orientation. The petitioner says he was warned and expelled from the place, unlike what happened in this opportunity with the male journalist and his couple. He states that such report was broadcasted by TV on August 22, 2004. By means of a Communication dated March 26, 2014, it was informed that Heartland Alliance for Human Needs & Human Rights and Asociación Líderes en Acción would be co-petitioners. On its part by means of a communication dated February 21, 2018 it was informed that Heartland Alliance would further cease to act as co- petitioner, and Synergia-Iniciativas would incorporate for Human Rights. 2 IACHR. Report No. 172/17. Petition 1718-11. Admissibility. Cristhian Manuel Olivera Fuentes. Perú. December 28, 2017. In such decision the Commission declared the Petition admissible concerning articles 8, 11, 13, 24 and 25 of the American Convention in accordance with articles 1.1 and 2 of the same instrument. 1

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