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.
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