That time, the representative of the store accepted that this was Santa Isabel policy. This situation was registered by the “Reporte Semanal” television program of Frecuencia Latina, issued the morning of Sunday August 22. (…) the unequal treatment is evident when heterosexual couples can show signs of affection in their premises without being repressed, while homosexual couples cannot (…)3. 17. On October 20, 2004 Supermercados Peruanos, S.A issued its writ of reply to the complaint. It argued as follows: (…) That, the claimant has manipulated the facts occurred on August 11 and 17 in our premises of San Miguel and 2 de Mayo, whereas, in the case of the San Miguel store, at no time were they asked to leave the store, neither by our attendance delegate nor by members of our security personnel. The claimant was contacted by our attendance delegate in order to convey a complaint from a customer, who was at the next table, close to the playground area, who was accompanied by his underage children, who witnessed the caresses, hugs and kisses that the claimant and his table partner were exchanging in a not discrete and openly explicit manner. (….) Upon the intervention of the attendance delegate on duty, Miss Gabriela Madrid Paredes, conveying the complaint of our customer, whom we regrettably have been unable to identify, the reaction of the claimant was extremely negative (…) (…) The incident was reported the following day, August 12, 2004, by the chief of Prevention of Losses, Mr. Christian Quispe Dorador, who confirms that neither the claimant nor his companion were mistreated in any way, nor were they expelled from the place, merely being requested by company staff to cease their behavior due to the complaint of another customer, who was worried about his underage children (…) The claimant has not been able to prove in any way the existence of such discriminatory attitude from our company toward him, as set forth in Article 7B of the D.L 716, Consumer Protection Law, but on the contrary, the aforesaid article establishes the prohibition of this form of discrimination provided there are no reasons related to security of the place or the tranquility of its customers or other objective and justified reasons; which is the case, that the action by our company’s staff located in San Miguel, originated from the complaint of one of our customers who felt disturbed and uncomfortable by the behavior of the claimant due to the presence of his children (…) (…) We believe pertinent to have this Commission acknowledge that the claimant has been involved, in stores other than from our chain of supermarkets, in incidents that altered their normal functioning and that, however, unlike our way to proceed, the claimant was expelled from such facilities as stated in his press report (…) All he was asked to do is to respect the right of other customers to the quiet, peaceful, pleasant and to make proper use of our facilities, since we believe that the valuation of each conduct or behavior we show is in direct relation to the place and moment in which it is performed, is what we call respect to morals and good manners imposed by the community, with no other differentiation than being a righteous and respectful person for the rights of others, or not being. (…) We request the complaint filed against Supermercados Peruanos S.A be declared unfounded. 4 18. In its reply, the entity provided a statement from Gabriela Madrid Paredes, who dealt with the alleged victim the day of the facts, on August 11, 2004 and referred that: Finding myself on the second floor along with Mr. Julio Neyra, Chief of maintenance, I was required by a customer who manifested being uncomfortable and annoyed and by the attitude of two gentlemen, who were at the next table to the one used by him and his daughter, who returned from playing at the playground, who witnessed the scene of caresses, hugs and kisses, performed by the two gentlemen, upon which Mr. Julio Neyra courteously approached who after exchanging a few words with the two gentlemen allowed me to participate in order to convey the request of the customer and asking them to please, cease their romantic scenes for respect to other customers, since one of them complained that there were children circling toward the playground, which was done appealing to his good will. One of them angrily responded “Are there no homosexual children?”, after which a calm exchange of own opinions, we ended the talk we had engaged in thanking for their comprehension and I walked away back to my duties. (…) I declare that what I previously stated adheres to the truth of what I know and that at no time were the gentlemen deprived of any service whatsoever, nor were they required to leave or anything of the sort (…)5. Annex 1. Complaint by the petitioner before the INDECOPI. Annex to the writ by the petitioner of November 29, 2011. Annex 2. Response to the complaint of Peruvian Supermarkets of October 20, 2004. Annex to the writ by the petitioner of November 29, 2011. 5 Annex 3. Court record of October 14, 2004 of Gabriela Madrid Paredes along with the Response to the complaint of Peruvian Supermarkets of October 20, 2004. Annex to the writ by the petitioner of November 29, 2011. 3 4 4