The facts of the case concern the unlawful and arbitrary detention by judicial officials of Azul Rojas Marín, during which she was tortured and humiliated due to her sexual orientation, without an adequate investigation of the facts.

In its sentence, the IA Court developed standards on forms of violence and discrimination against LGBTI people, applying them in its examination of the circumstances concerning the deprivation of liberty of Rojas Marín. Additionally, it established that violations to the prohibition of torture were committed as a consequence of the sexual violence perpetrated by State agents, and typified their behavior as “hate crime”, thus consisdering not only Rojas Marín but also the LGBTI collective.

Furthermore, the Court examined the State’s performance with regards to the investigation in view of the standards of due diligence, revealing the acts of revictimization occurred during the said process.