B.3 Expert appraisal of the presumed victim’s clothing
42
B.4 Determination of the ill-treatment that occurred
42
B.5 Legal classification
42
VII-4 RIGHTS TO JUDICIAL GUARANTEES AND JUDICIAL PROTECTION
45
A.
Arguments of the parties and of the Commission
45
B.
Considerations of the Court
46
B.1 Obligation to receive the complaint
47
B.2 Due diligence in the investigation
47
B.3 The absence of an investigation into the crime of torture
55
B.4 The dismissal decision
55
B.5 Conclusion
57
VII-5 RIGHT TO PERSONAL INTEGRITY OF AZUL ROJAS MARÍN’S MOTHER
57
A.
Arguments of the parties and the Commission
57
58
B.
Considerations of the Court
59
VIII REPARATIONS
A.
Injured party
59
B.
Obligation to investigate
59
C.
Measures of satisfaction and rehabilitation
60
C.1 Measures of satisfaction
60
C.2. Measures of rehabilitation
61
D.
Guarantees of non-repetition
62
D.1 Adoption of a protocol on investigation and administration of justice in cases of
violence against LGBTI people
62
D.2 Awareness-raising and training of state agents on violence against LGBTI people
64
D.3 Design and implementation of a system to produce and compile statistics on violence
against LGBTI people
65
D.4 Eliminate the indicator of “eradication of homosexuals and transvestites” from the
public safety plans of the regions and districts of Peru
66
E.
Compensation
66
E.1 Pecuniary damage
66
E.2 Non-pecuniary damage
67
F.
Other measures requested
68
G.
Costs and expenses
69
H.
Reimbursement of the Victims’ Legal Assistance Fund
71
I.
Method of compliance with the payments ordered
72
IX OPERATIVE PARAGRAPHS
72
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